The Enigma of Comparative Law: Variations on a Theme for the Twenty-First Century

ISBN-13: 9789004139893 / Angielski / Miękka / 2004 / 242 str.

E. Vr]c];Brill Academic

Opis

Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.

Recenzje

'This book is a gem of comparative literature and will become compulsory reading for anyone seriously engaging in comparative research.'
The International Criminal Law Review, volume 5, issue 3, 2005.

Spis treści

Overture;
Chapter 1: The Theme Comparative Law: What Is It?; What Is In a Name?; Variation I; Variation II;
Chapter 2: Comparability: Theories And Presumptions; Variation I; Variation II;
Chapter 3: Why Compare?; Variation I; Variation II;
Chapter 4: What To Compare?; 1. Macro-Comparative Level: Legal Systems - Legal Families - Legal Cultures - Legal Traditions?; Variation I; Variation II; 2. Micro-Comparative Level: Rules or Beyond?; Variation I; Variation II;
Chapter 5: How To Compare?; Variation I; Variation II;
Chapter 6: Intermezzo;
Chapter 7: Comparative Law And Legal Education; Variation I; Variation II;
Chapter 8: Comparative Law And The Tuners Of The Law ; Variation I; Variation II ;
Chapter 9: Comparative Law And Law Reform By 'Transposition'; Variation I; Variation II;
Chapter 10: Cadenza And Extemporization; 1. Complex Cases for Comparative Lawyers; 2. Law Meets Culture and Culture Meets Law; 3, Deconstruction of Classifications, Interrelationships and the Growth of Family Trees; 4. The Reality of Mixed and Mixing Systems; 5. Limits of Comparativism?;
Chapter 11: More Current Debates: 1. Private Law Only? - Public Law Now?; Variation I; Variation II; 2. Convergence or Non-Convergence? - The New Ius Commune ?- 'Unity of Common Law'; Variation I; Variation II;
Chapter 12: Finale: Where Are We Going?; Coda; Bibliography; Index

O autorze

Esin Örücü, Ph.D. (1972), Higher Doctorate (1976) is Professor of Comparative Law, University of Glasgow (UK) and Erasmus University Rotterdam (NL). She is a Member of the International Academy of Comparative Law. She has published extensively on Turkish law, mixed systems and transposition of law. She is the author of Critical Comparative Law: Considering Paradoxes for Legal Systems in Transition (1999), editor of Judicial Comparativism in Human Rights Cases (2003) and co-editor of Studies in Legal Systems Mixed and Mixing (1996) and Comparative Law in the 21st Century (2002).