The Cambridge Companion to Comparative Law (Cambridge Companions to Law)

Cambridge University Press, 8/16/2012
EAN 9780521720052, ISBN10: 0521720052

Paperback, 422 pages, 22.8 x 15.2 x 2.4 cm
Language: English

We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.

Editors' preface. Diapositives v. movies
the inner dynamics of the law and its comparative account
a companion M. Bussani and U. Mattei
Part I. Knowing Comparative Law
1. Comparative law and neighbouring disciplines M. Reimann
2. Political ideology and comparative law Duncan Kennedy
3. Economic analysis and comparative law N. Garoupa and T. Ginsburg
4. Comparative law and anthropology Lawrence Rosen
5. Comparative law and language B. Pozzo
Part II. Comparative Law Fields
6. Comparative studies in private law (insights from a European point of view) F. Werro
7. Comparative administrative law F. Bignami
8. Comparative constitutional law G. Frankenberg
9. Comparative criminal justice E. Grande
10. Comparative civil justice O. Chase and V. Varano
11. Comparative law and the international organizations G. Bermann
Part III. Comparative Law in the Flux of Civilizations
12. The East-Asian legal tradition T. Ruskola
13. The Jewish legal tradition A. J. Jacobson and J. D. Bleich
14. The Islamic legal tradition Khaled Abou El Fadl
15. The Sub-Saharan legal tradition R. Sacco
16. The Latin American and Caribbean legal tradition (repositioning Latin America and the Caribbean in the contemporary maps of comparative law) D. Lopez Medina
17. Mixed legal systems V. Palmer
18. Democracy and the Western legal tradition M. Bussani.