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Vol 23 No 3 March/April 2018

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Scamell and Gasztowicz on Land Covenants

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A New Introduction to Comparative Law

ISBN13: 9781849467964
Published: May 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £24.99

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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 advanced 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.

Comparative Law
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