Comparative Legal Studies: Traditions and Transitions


Book Description

The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.




Comparative Legal Studies: Traditions and Transitions


Book Description

This 2003 text examines comparative law's intellectual traditions, the strengths and failings of its methodologies and its future directions.




Law and Legal Culture in Comparative Perspective


Book Description

Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.




Comparative Law and Multicultural Legal Classes: Challenge or Opportunity?


Book Description

This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.




Legal Traditions of the World


Book Description

This work seeks to recast the discipline of comparative law and offers a means of conceptualising law and legal relations across the world. The author places national laws in the broader context of legal traditions.




Legal Barbarians


Book Description

In this novel and unorthodox historical analysis of modern comparative law, Daniel Bonilla Maldonado explores the connections between modern comparative law and the identity of the modern legal subject. Narratives created by modern comparative law shed light on the role played by law in the construction of modern individual and collective identities. This study first examines the relationship between identity, law, and narrative. Second, it explores the moments of emergence and transformation of this area of law: instrumental comparative studies, comparative legislative studies, and comparative law as an autonomous discipline. Finally, it analyzes the theoretical perspectives that question the narrative created by modern comparative law: Third World Approaches to International Law, postcolonial studies of law, and critical comparative law. For lawyers and legal scholars, this study brings a nuanced understanding of the connections between the theory of modern comparative law and contemporary practical legal and political issues.










Mixed Legal Systems, East and West


Book Description

This book takes us far beyond the usual focus of comparative law with analysis of a broad range of jurisdictions, including mixtures of common and civil law, and also those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. The discussion is situated within the broader context of the continuing tides of globalization, the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts.




Comparative Legal Cultures


Book Description