Comparative law is a common subject of research and teaching in many universities around the world. It is thus topical to publish this Cambridge Handbook of Comparative Law that presents a truly global perspective of comparative law today aiming to appeal to readers globally.
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
Recenzijas
'An exceptionally interesting and innovative contribution to cosmopolitan comparative law. It offers many new perspectives from around the globe, on both traditional and emerging topics, and ranges widely to encompass law in spaces beyond and within the national state, and increasingly standard-based and technical methods of ruling.' David Nelken, Professor of Comparative and Transnational Law at King's College London 'Some may argue that handbooks are outdated in the new digital world; our information society accesses whatever it needs online. This handbook offers a perfect counterargument to this tenuous claim. I am convinced that, because of its comprehensiveness and elaborate argument, this companion volume will serve as a premier authority for generations of comparatists, as well as other seekers of legal knowledge.' Balįzs Fekete, Professor of Law at Eötvös Lorįnd University 'This is a rich, innovative and expertly written handbook. The fundamental thrust of this book is a critical appraisal of comparative law from multiple perspectives, ranging from methodologies, legal families, key themes, to non-state-centric fields. The handbook achieves a quantum leap for comparative law scholarship and surely points an adventurous route for those who wish to embark on deeper inquiries.' Shen Wei, Distinguished Professor of Law at Shanghai Jiao Tong University Law School
Papildus informācija
Presents a truly global perspective of comparative law today aiming to appeal to readers globally.
1. Introduction: a new handbook for comparative law in a global context
Mathias Siems and Po Jen Yap; Part I. Methods of Comparative Law:
2.
Traditional methods Jaakko Husa;
3. Historical-jurisprudential methods
Jean-Louis Halpérin;
4. Critical methods Thomas Coendet;
5. Culture and
comparative law methodology Qian Xiangyang;
6. Linguistic approaches ucja
Biel;
7. Qualitative fieldwork Petra Mahy, Richard Mitchell, John Howe,
Ingrid Landau and Carolyn Sutherland;
8. New institutional economics Olive
Sabiiti;
9. Empirical methods Mathias Siems;
10. Machine-learning methods
Han-wei Ho, Patrick Chung-Chia Huang and Yun-chien Chang; Part II. Legal
Families and Geographical Comparisons:
11. Civil law Andrea Ortolani;
12.
Common law Shivprasad Swaminathan;
13. Confucian legal tradition Ngoc Son
Bui; 14.Former Soviet States of Eastern Europe, Caucasus and Central Asia
Andrey Shirvindt;
15. Latin America Isabel Zuloaga and José Manuel Dķaz de
Valdés;
16. Middle East and North Africa Radwa Elsaman;
17. South Asia Rehan
Abeyratne;
18. Sub-Saharan Africa Charles Manga Fombad; Part III. Central
Themes in Comparative Law:
19. The tradition of comparative law: comparison
and its colonial legacies Helge Dedek;
20. Decolonial theory and comparative
law Roger Merino;
21. Legal transplants: a theoretical framework and a case
study from public law Margit Cohn;
22. Legal transplants: a case study of
private law in its historical context Gerardo Caffera, Rodrigo Momberg and
Marķa Elisa Morales;
23. Convergence and divergence in public law Po Jen Yap;
24. Convergence and divergence in company law Hatice Kübra Kandemir;
25. Law
and development Yong-Shik Lee and Andrew Harding;
26. Divided legal systems:
understanding legal systems in conflict-prone societies M. Bashir Mobasher
and Haroun Rahimi;
27. Legal pluralism and commerce Ada Ordor, Nojeem Amodu
and Victor Amadi; Part IV. Comparative Law Beyond the State:
28. Comparative
international law Danielle Hanna Rached and Conrado Hubner Mendes;
29.
Transnational regulation Victor V. Ramraj;
30. Quantitative forms of legal
governance Rene Urueńa;
31. Comparative international arbitration law Shahla
Ali;
32. Cross-border judicial dialogue Tom Gerald Daly;
33. Comparing
regional law Armin Cuyvers;
34. Comparative conflict of laws Yuko Nishitani;
35. Comparative indigenous law Anthony C. Diala;
36. Comparative legal
education Tan Cheng-Han, Alan Koh, Topo Santoso, Umakanth Varottil and
Jiangyu Wang.
Mathias Siems is Professor at the European University Institute (EUI) in Florence, Italy. He has previously taught at Durham University, the University of Edinburgh and the Riga Graduate School of Law. He was also a Fulbright Scholar at Harvard Law School and a Jean Monnet Fellow at the EUI. Po Jen Yap is a professor at the University of Hong Kong (HKU). He graduated from the National University of Singapore with an LLB degree and he obtained LLM qualifications from both Harvard Law School and University College London. He graduated with a PhD degree from the University of Cambridge.