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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Comparative Law in the 21st Century

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ISBN13: 9789041198754
ISBN: 904119875X
Published: March 2002
Publisher: Kluwer Law International
Format: Hardback
Price: £116.00

If one were to define a lawyer's practice as ""comparative law"", who would not smile at the naivety expressed by such a confusion of the academic and the ""practical""? Yet such a definition comes close to reality for an increasing number of practitioners. As society becomes more global and multicultural, many lawyers find themselves researching and applying principles and rules from several legal traditions. In Europe especially, the gradual convergence of civil law and common law that has been under way for decades is now gaining depth and breadth from aspects of Islamic, Asian and African legal cultures, and we are all the better for it. So it is time to take stock of where the discipline of comparative law stands and where it is going, a task undertaken in the 16 essays in this book.;The originals of these papers were delivered at the 2000 W.G. Hart Legal Workshop at the Institute of Legal Studies of the University of London. They may be read here as not merely comparative law studies, but penetrating theses about what comparative law is actually about, or what it is for. The general discussion tends to fall into three major areas: comparative public law, focusing on the growing scrutiny worldwide on constitutionalism, human rights, and administrative accountability; transmigration of legal ideas and institutions, emphasizing the need to look at similarities and differences from an ""importation"" perspective as well as from the once-exclusive ""exportation"" perspective; and the European dimension, in which the need for the study of economic and social background and the role of law in the political process has come to the fore.

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1. Unde venit, quo tendit Comparative Law?; E. Orucu.
2. Legal Transplants and Beyond: of Disciplines and Metaphors; D. Nelken.
3. Seeking Similarity, Appreciating Difference: Comparative Law and Communities; R. Cotterrell.
4. Transmigration and Transferability of Commercial Law in a Globalized World; N. Foster.
5. Why (Still) No Trust in French Law? C. Rafenne.
6. Legal Transplants Principles and Pragmatism in Comparative Family Law; P. De Cruz.
7. Continental Principles in English Public Law; R. Thomas.
8. On Successful Legal Transplants in a Future Ius Commune Europaeum; J. Smits.
9. Comparative Law in Regionally Integrated Europe; W. Van Gerven.
10. The Contribution of Comparative Law to the Harmonization of European Private Law; S. Banakas.
11. Hundred Headless Europe: Comparison, Constitution and Culture; A. McDonald.
12. Oppositions and Fragmentations: In Search of a Formula for Comparative Analysis; P. Leyland.
13. Comparing Public Law; J. Bell; 14. Comparative Public Law: Some Lessons from South East Asia; A. Harding.
15. The Importation of Law: A New Comparative Perspective and the Hungarian Constitutional Court; C. Du Pre.
16. South Africa: A World in one Country on the Long Road to Reality; D. Carey-Miller. Bibliography. Index.