Rethinking comparative law
Author(s)
Bibliographic Information
Rethinking comparative law
(Rethinking law)
E. Elgar, c2021
- : cased
Available at 2 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
Includes indexes
Description and Table of Contents
Description
As law's institutional configurations stand, comparative law is a relatively new discipline. The first specialized journals and chairs, for example, go back a mere two hundred years or so. Yet, in its two centuries of institutional existence, comparative law has been the focus of much discussion, mostly by comparatists themselves reflecting on their practice. Indeed, some of this thinking came firmly to establish itself as a governing epistemology within the field.
This book holds that the time has nonetheless come, even for such a young venture as comparative law, to engage in a re-thinking of its intellectual ways. Specifically, three comparatists hailing from different horizons investigate various assumptions and lines of reasoning that must invite reconsideration. The principal ambition informing the work is to optimize the interpretive rewards that the comparison of laws is in a position to generate.
Not limited to a particular country or jurisdiction, Rethinking Comparative Law aims to attract a large audience comprising students and scholars from diverse cultural backgrounds. Undergraduate or postgraduate law students and lawyers with an interest in comparative law will find the book helpful for a better appreciation of the many implications arising from the increased interaction with foreign law in a globalizing world.
Table of Contents
Contents: Introduction 1. The epistemological challenge: does law exist? 2. The comparatist and the illusion of autonomy 3. Methodology and comparative law: programme orientations 4. Method as deception 5. Comparisons otherwise: the merits of interdisciplinarity 6. Comparing comparisons 7. On the untranslatability of laws 8. The corrida, for example: how comparative understanding fares 9. How far culture? A critical examination of cultural defences 10. Comparison in action: on the beach 11. Quantifying law? 'Legal origins' or 'doing business' as usual 12. Is there generic law? The issue of constitutionalism Index
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