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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Rethinking the Masters of Comparative Law

Edited by: Annelise Riles

ISBN13: 9781841132907
ISBN: 184113290X
Published: October 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £38.00

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Comparative law is experiencing something of a renaissance, as legal scholars and practitioners traditionally outside the discipline find it newly relevant in projects such as constitution and code drafting, the harmonization of laws, court decisions, or as a tool for understanding the globalization of legal institutions.

On the other hand, comparativists within the discipline find themselves asking questions about the identity of comparative law, what it is that makes comparative law unique as a discipline, what is the way forward.;This work, designed with courses in comparative law as well as scholarly projects in mind, brings a new generation of comparativists together to reflect on the character of their discipline.

It aims to incite curiosity and debate about contemporary issues within comparative law by bringing the discipline into conversation with debates in anthropology, literary and cultural studies, and critical theory. The book addresses questions such as what is the disciplinary identity of comparative law; how should we understand its relationship to colonialism, modernism, the Cold War, and other wider events that have shaped its history; what is its relationship to other projects of comparison in the arts, social sciences and humanities; and how has comparative law contributed at different times and in different parts of the world to projects of legal reform.

Each of the essays frames its intervention around a close reading of the life and work of one formative character in the history of the discipline. Taken as a whole, the book offers a fresh and sophisticated picture of the discipline and its future.

Comparative Law
Part 1 Founding moments: Montesquieu - the specter of despotism and the origins of comparative law, Robert Launay
Max Weber and the uncertainties of categorical comparative law, Ahmed A. White.
Part 2 The critique of classicism: rethinking Hermann Kantorowicz - free law, American legal realism and the legacy of anti-formalism, Vivian Grosswald Curran
encountering amateurism - John Henry Wigmore and the uses of American formalism, Annelise Riles.
Part 3 The science of modernization: Nobushige Hozumi - a skillful transplanter of Western legal thought into Japanese soil, Hitoshi Aoki
Sanhuri, and the historical origins of comparative law in the Arab world (or how sometimes losing your "Asalah" can be good for you), Amr Shalakany
sculpting the agenda of comparative law - Ernst Rabel and the fa?ade of language, David J. Gerber.
Part 4 Mid-century pragmatism: Rene David - at the head of the legal family, Jorge L. Esquirol
the comparative jurisprudence of Schlesinger and Sacco - a study in legal influence, Ugo Mattei.