Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 23 No 10 Oct/Nov 2018

Book of the Month

Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Biall2018b
Blackstone 2019
Apil clinical negligence
Tolleys health
Chitty 33rd
Ws hxmas
Archboldphase2

Comparative Legal History

Image not available lge
Edited by: Olivier Moreteau, Aniceto Masferrer, Kjell A. Modeer

ISBN13: 9781781955215
To be Published: January 2019
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £195.00



Is comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This Research Handbook presents the field in a uniquely holistic way, and illustrates how comparative law and legal history are inextricably related.

Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science. Comprehensive in coverage, this Handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide stimulating and enlightening cases of legal history through a comparative lens.

A centrepiece for this field of scholarship, this Research Handbook will be an essential resource for scholars interested in comparative law, legal theory and legal history, from both legal and social science backgrounds.

Image not available lge
Subjects:
Legal History
Contents:
List of contributors
Acknowledgments
PART I Theory and Methods
1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60
Adolfo Giuliani
2. Comparative? Legal? History? Crossing Boundaries
Sean Donlan
3. Methodological perspectives in comparative legal history: an analytical approach
Dag Michalsen
4. Comparative legal history: methodology for morphology
Matthew Dyson
PART II LEGAL SOURCES
5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of law
Jacques Vanderlinden
6. Convergence and the colonization of custom in pre-modern Europe
Emily Kadens
7. Custom as a source of law in European and East Asian legal history
Marie Seong-Hak Kim
8. The ius commune as the ‘ratio scripta’ in the civil law tradition: a comparative approach to the Spanish case
Aniceto Masferrer & Juan A. Obarrio
9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison
Dolores Freda
PART III LEGAL INSTITUTIONS
10. The triumph of judicial review: the evolution of post-revolutionary legal thought
Jean-Louis Halperin
11. Killing the vampire of human culture: Slavery as a problem in international law
Paul Finkelman & Seymour Drescher
12. Continental European superior courts and procedure in civil actions (11th-19th centuries)
CH (Remco) van Rhee
13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did the common law manage without a concept of ownership? Why the Roman law did not?
Anna Taitslin
14. The common law and the Code civil: the curious case of the law of contract
Warren Swain
15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945–2000, a comparative sketch
Kjell Å Modéer
PART IV CODIFICATION
16. Unification and codification in today’s European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing events
Dirk Heirbaut
17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisions
Agustín Parise
18. Why was private law not codified in Sweden and Finland?
Heikki Pihlajamäki
Index