This book presents an original, deliberately controversial, and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century. Looking at the weaknesses, strengths, and protagonists (most of whom were personally known to the author) of comparative law during the preceding thirty-five years, the book is a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticize the impact the long association with Roman law has had on the orientation...

This book presents an original, deliberately controversial and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century: its weaknesses, its strengths, and its protagonists (most of whom were personally known to the author). It is also a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticize the impact the long association with Roman law has had on the orientation and well-being of his subject. With equal force, he also warns...

This selection of essays by the leading comparative lawyer, Basil Markesinis, provides a compilation of his most stimulating and authoritative work.

The author of this second volume continues his quest for the best way of presenting foreign law to Common law readers. The work thus contains essays on methodology: the horizontal application of human rights; the tortuous liability of statutory bodies; the growing impact of human rights law on our law of torts; the differing approaches to problems raised by actions for wrongful life and wrongful birth; differing judicial styles and what they can tell us about a foreign system, as well as the growing use of foreign law by British judges in their judicial and extra judicial work. These essays,...

In a number of important decisions such as Stovin V. Wise, X v. Bedfordshire, Barrett v. Enfield London Borough Council and others, English courts have been forced to grapple with the important issues of tortious liability of statutory bodies. Following the HILL decision, they opted for a wide non-liability rule on a variety of policy and economic efficiency grounds. Yet many of their arguments have been considered and rejected by both German and French courts when deciding factually equivalent situations. This study analyzes five leading English cases in a comparative and economic way and...