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Vol 21 No 11 Nov/Dec 2016

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The Loneliness of the Comparative Lawyer

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ISBN13: 9789041112156
ISBN: 9041112154
Published: June 2001
Publisher: Kluwer Law International
Format: Hardback
Price: £184.00



In these critical essays, a comparative lawyer examines the movement for convergence of the Civil Law and the Common Law, describes the Italian style and the French deviation, contrasts Common Law estate with Civil Law ownership, and explains why the distinction between public law and private law is important to Civil Lawyers but has little interest for Common Lawyers. The book also proposes a marriage of comparative law and scientific explanation, and emphasizes the fundamental relation between law and social and cultural change.

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Contents:
Preface. Part I: Civil Law and Common Law.
1. On the Convergence (and Divergence) of the Civil Law and the Common Law.
2. Legal Education There and Here: A Comparison.
3. The Public Law -- Private Law Distinction in European and United States Law.
4. How Others Do it: The French and German Judiciaries.
5. Judicial Responsibility in the United States.
6. The French Deviation. Part II: Italian Law.
7. The Italian Style I: Doctrine.
8. The Italian Style II: Law.
9. The Italian Style III: Interpretation.
10. When Courts Collide: Constitution and Cassation in Italy. Part III: Property and Inheritance.
11. Ownership and Estate: Variations on a Theme by Lawson.
12. Toward a Comparative Study of the Sale of Land.
13. The inter vivos Transfer of Land.
14. Policy, Autonomy, and the numerus clausus in Italian and American Property Law. Part IV: What Do Comparative Lawyers Do? 15. Comparative Law and Social Change: On the Origins, Style, Decline and Revival of the Law and Development Movement.
16. Comparative Law and Scientific Explanation.
17. Population, Civil Litigation and Legal Science.
18. Foreign Law as a Problem.