The Oxford handbook of comparative law
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The Oxford handbook of comparative law
Oxford University Press, 2006
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Includes bibliographical references and index
内容説明・目次
内容説明
The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law.
The Handbook contains forty eight chapters which are written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
目次
- Introduction: Comparative Law Before the Code Napoleon
- I THE DEVELOPMENT OF COMPARATIVE LAW IN THE WORLD
- 1. Development of Comparative Law in France
- 2. Development of Comparative Law in Germany, Switzerland, and Austria
- 3. Development of Comparative Law in Italy
- 4. Development of Comparative Law in Great Britain
- 5. Development of Comparative Law in the United States
- 6. Development of Comparative Law in Eastern Europe
- 7. Development of Comparative Law in East Asia
- 8. Development of Comparative Law in Latin America
- II APPROACHES TO COMPARATIVE LAW
- 9. Comparative Law Within the Field of Comparative Disciplines
- 10. The Functional Method of Comparative Law
- 11. Comparative Law: Study of Similarities or Differences?
- 12. Comparative Legal Families and Comparative Legal Traditions
- 13. Comparative Law as the Study of Transplants and Receptions
- 14. Comparative Law and the Study of Mixed Legal Systems
- 15. Comparative Law and its Influence on National Legal Systems
- 16. Comparative Law and the Europeanization of Private Law
- 17. Comparative Law and the Process of Globalization
- 18. Comparative Law and the Islamic Legal Culture
- 19. Comparative Law and African Customary Law
- 20. Comparative Law and Language
- 21. Comparative Law and Legal Culture
- 22. Comparative Law and Religion
- 23. Comparative Law and Legal History
- 24. Comparative Law and Socio-Legal Studies
- 25. Comparative Law and Critical Legal Studies
- 26. Comparative Law and Economic Analysis of Law
- III SUBJECT AREAS
- 27. Sources of Law and Legal Method in Comparative Law
- 28. Comparative Contract Law
- 29. Comparative Sales Law
- 30. Unjustified Enrichment in Comparative Perspective
- 31. Comparative Tort Law
- 32. Comparative Property Law
- 33. Comparative Succession Law
- 34. Comparative Family Law
- 35. Comparative Labour Law
- 36. Comparative Company Law
- 37. Comparative Antitrust Law
- 38. Comparative Constitutional Law
- 39. Comparative Administrative Law
- 40. Comparative Criminal Law
- 41. Comparative Civil Procedure
- 42. Comparative Law and Private International Law
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