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Comparative Contract Law
This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.
Methods of Comparative Law
Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal de...
Quantitative Methods in Comparative Law
This invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues.
The Beginnings of Islamic Law
This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
Rethinking Comparative Law
Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.
Russian Law Journal
The “Russian Law Journal” (RLJ) magazine is one of the first English-language legal academic editions regularly published in Russia. It is an All-Russian interuniversity platform designed to promote Russian legal researches abroad. The magazine is meant for both Russian and foreign readers including major world legal libraries, academics and practicing lawyers. International editorial board and editorial team are represented by professors from leading world centers of legal education and legal science, like Harvard, Yale, Cambridge and La Sorbonne, as well as by scientists from Russian law schools (Moscow State University, Kutafin Moscow State Law University, Saint-Petersburg State University, Higher School of Economics).
Property and the German Idea of Freedom
This book offers a new interpretation of German law and politics during the era between the Thirty Years’ War and the French Revolution. Liberal ideas of freedom and equality were prototyped in Germany in property law: through the free disposition of estates, freedom from taxation and other extractions, and free use of paper money. Civil liberty, ideas about equality, and restrictions on arbitrary state power were real, recognized, and meaningful. These freedoms were enjoyed by all classes of Germans. They were thought to have been built atop Germans’ ancient heritage of freedom and a federalist imperial constitution which inspired Montesquieu and the American Founders. Driving these trends were ideas about political economy, enlightened reform, practical problem-solving, as well as forces of supply and demand in everything from the market for books to the market for justice. This book places the story of early modern German freedom close by the side of more familiar stories of England, North America, France, and the Netherlands.
Scritti in onore di Mario G. Losano
Mario Losano è uno studioso eccellente, la cui produzione scientifica sconfina nei più disparati campi del sapere giuridico e oltre: ha arricchito le nostre conoscenze nella filosofia del diritto, nella teoria generale del diritto, nella storia del diritto, nell'informatica giuridica, nel diritto comparato, nella filosofia politica, solo per citare i settori nei quali è una riconosciuta autorità scientifica. È poi un intellettuale mosso da un'autentica passione civile e politica, e anzi un raro esempio di intellettuale: i suoi lavori spiccano per la tensione interdisciplinare, oltre che per caratteristiche decisamente poco diffuse in un mondo sempre più animato da tecnocrati dediti all'iperspecializzazione. Gli autori e le autrici di questi Scritti sono studiosi attivi nel diritto comparato, nella filosofia e nella teoria generale del diritto che hanno inteso celebrare, tra le tante, una particolare virtù dell'Onorato: aver gettato un ponte tra queste discipline, segnandone in modo indelebile l'agenda e lo statuto epistemologico
Comparative Law as Critique
Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.
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