A new introduction to comparative law
Author(s)
Bibliographic Information
A new introduction to comparative law
Hart Pub., 2015
Available at 7 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
"Bloomsbury"--Cover
Includes bibliographical references and index
Description and Table of Contents
Description
This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.
Table of Contents
1. Introduction
I. About this Book
II. Legal Culture in Focus
III. Structure of the Book
2. Comparative Law as a Discipline-A Short History
I. History of Comparative Law in a Nutshell
II. Comparative Law in the Twenty-first Century
3. Comparative Law-Definitions and Distinctions
I. Challenge of Further Definition
II. Comparative Study of Law
III. The Theory of Comparative Law
4. Comparative Law-One of the Legal Disciplines
I. Part of a Larger Field of Knowledge
II. A Member of the Family of Legal Studies
III. Comparison and Fields of Law
IV. Difficulty of Demarcation
5. Why Compare?
I. Starting Points-Creating Added Value
II. Comparison as a Cross-border Form of Knowledge Acquisition
III. Comparison as Thinking Outside the Box
IV. Basic Knowledge-interests
V. Integrativity and Contradictivity
VI. Practical v Theoretical Approach
VII. Pedagogical-Comparison in Teaching and Learning Law
6. Basic Strategies in Comparison
I. Introduction
II. Scope-From Macro to Micro
III. In Time and Space-The Time Dimension
IV. Quantity
V. The Diversity of Legal Systems-Transnationality
VI. Cultural Dimensions and their Overlapping
VII. Methodological Choices of Theoretical Nature
VIII. Functionality-Functional Comparative Law
IX. Structural Dimension
X. Systematic Approach
XI. Critical Study Approaches-Two Examples
XII. Depth of the Study-Decisiveness of the Knowledge-interest
XIII. Research Ethics
XIV. Comparative Methodology-Heuristics?
7. Comparing-Differences and Similarities
I. Need for a Yardstick for Comparison- TertiumComparationis
II. Differences and Similarities
III. Culture and Explanation
IV. Economic Factors
V. Historical Factors
VI. Geography and Climate
VII. Other Factors
VIII. Differences between Explanatory Factors
IX. The Presumption of Similarity?
8. Comparison-Obstacles and Difficulties
I. Comparative Research-Between the Familiar and the Foreign
II. Research Data Related Problems
III. Pitfalls in Research-material Processing and Analysis
IV. Side-step to Theory: Comparing Laws, but what Laws?
V. Legal Comparison-A Particularly Risky Business?
VI. Comparison as a Learning Process
9. Macro-comparison
I. Basic Blocks of Macro-comparison
II. Constructing Macro-constructs
III. Grouping Legal Systems
IV. Macro-constructs and Methodology
V. Finally
10. Legal Evolution?
I. Is there Evolution in Law?
II. Problems in Macro-comparison
III. Limits of Legal Evolution?
II. General Requirements
III. History-related Factors
IV. Nature of Legal Thinking (Legal Mentality)
V. Factors Related to Societal Ideology
VI. Cultural Factors
VII. Finally
by "Nielsen BookData"