A New Introduction to Comparative Law

Erscheinungsjahr 2015
ISBN: 978-1-84946-796-4
Verlag: Hart Publishing

Buch, Englisch, 298 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 426 g

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.

Autoren/Hrsg.

Husa, Jaakko

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

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

Über Autor(innen)

Husa, Jaakko
Jaakko Husa is Professor of Law and Globalisation at the University of Helsinki, Finland.

Jaakko Husa is Professor of Comparative Law and Constitutional Law at the University of Lapland (Finland)