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Vol 21 No 11 Nov/Dec 2016

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Methods Of Comparative Law

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Edited by: Pier Giuseppe Monateri

ISBN13: 9781849802529
Published: June 2012
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £123.00



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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 decision making; and the inner potentialities of the ‘comparative law and economics’ approach to the field. Together, the contributors reassesses the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends.

A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.

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Subjects:
Comparative Law
Contents:
PART I: WHY "METHODS"? AN INTELLECTUAL PROJECT ON THE MULTILAYER STRUCTURE OF LEGAL COMPARATIVISM
1. Methods in Comparative Law: An Intellectual Overview P.G. Monateri
2. Intent on Making Mischief: Seven Ways of Using Comparative Law M. Andenas and D. Fairgrieve
3. Method? S. Glanert
4. 'Comparison as Deep Appreciation' G. Watt

PART II: REVISITING CLASSICAL THEORIES AND PERSPECTIVES ON COMPARATIVE LEGAL METHODOLOGIES: HOW TO STEER A CRITICAL GLANCE
5. The Functional Method J. Gordley
6. How to Do Projects with Comparative Law. Notes of an Expedition to the Common Core G. Frankenberg
7. Descriptive and Purposive Categories of Comparative Law S. McEvoy

PART III: LEGAL TRANSPLANTS AND TRANSNATIONAL CODES: QUESTIONING ON CULTURAL BIASES AND SCIENTIFIC STATEMENTS
8. All that Heaven Allows: Are Transnational Codes a 'Scientific Truth' or Are They Just a Form of Elegant 'Pastiche'? G. Samuel
9. Contextualizing Legal Transplant: China and Hong Kong L. Chen Kong

PART IV: SPACE, BOUNDARIES AND JURISDICTIONS: THE COREOGRAPHIC SPECTRALITY OF LAW
10. Interstitium and Non-law P. Goodrich
11. The Iconicity of Space: Comparative Law and the Geopolitics of Jurisdictions C. Costantini

PART V: LEGAL NARRATIVES, JUDICIAL INTERPRETATIONS AND SUBVERSIVE PARADIGMS
12. The Resilience of History: Comparative Legal Theory and the End of the American Century A.L. Marasco
13. Ludex Translator: The Reign of Finitude J. Gaakeer
14. Further Terrains for Subversive Comparison: The Field of Global Governance and the Public/private Divide H. Muir Watt

PART VI: POLITICAL ECONOMIES AND THE INNER POLICIES OF LAW: TOWARD A 'COMPARATIVE LAW AND ECONOMICS' ASSESSMENT
15. Toward the Economics of Comparative Law: The 'Doing Business' Debate A. Nicita and S. Benedettini
16. Quantitative Methods in Comparative Law F. Parisi and B. Luppi