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A New Introduction to Comparative Law (eBook)

Jaakko Husa

ISBN13: 9781849469524

Published: May 2015

Publisher: Hart Publishing

Country of Publication: UK

Format: eBook (ePub)

Price: £26.99
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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 advanced 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.

Subjects:: Comparative Law, eBooks

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