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The Oxford Handbook of Comparative Law
Edited by Mathias Reimann and Reinhard Zimmermann
1,456 pages
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246x171mm
978-0-19-953545-3
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Paperback
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14 February 2008
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- Provides a landmark critical overview of the current state of comparative legal scholarship
- Analyses the methodology behind comparative research and its relation to other fields, providing an ideal introduction to pursuing comparative study
- Sets an agenda for future comparative research, representing an important milestone for the development of comparative law
The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level.
The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes
not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law.
The Handbook contains forty two chapters which are written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which
will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.Readership: Scholars, academics, and advanced students of comparative law; also of interest to research institutions, and international law firms.
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Edited by Mathias Reimann, Hessel E. Yntema Professor of Law, The University of Michigan, and Reinhard Zimmermann, Director of the Max Planck Institute for Foreign Private and Private International Law, Hamburg; Professor of Private Law, Roman Law and Comparative Legal History, University of Regensburg Contributors:
Charles Donahue, Harvard University
Benédicte Fauvarque-Cosson, University Pantheon-Assas (Paris II)
Ingeborg Schwenzer, University of Basel, Switzerland
Elisabetta Grande, University of Piemonte Orientale, Alessandria, Italy
John Cairns, University of Edinburgh
David S. Clark, Willamette University, Salem, Oregon
Zdenke Kühn, Charles University, Prague
Zentaro Kitagawa, University of Kyoto
Jan Kleinheisterkamp, HEC School of Management, Paris
Nils Jansen, Westfoelische Wilhelms-Universitat Munster
Ralf Michaels, Duke University
Gerhard Dannemann, Humboldt University, Berlin
H. Patrick Glenn, McGill University, Montreal
Michaele Graziadei, University of Piemonte Orientale, Alessandria, Italy
Jacques du Plessis, University of Stellenbosch
Jan Smits, University of Maastricht
Reinhard Zimmermann, Max Planck Institute for Comparative and International Private Law, Hamburg
Horatia Muir Watt, University
Pantheon-Sorbonne (Paris I)
Chibli Mallat, St. Joseph's University, Beirut
Tom Bennett, University of Cape Town
Vivian G. Curran, University of Pittsburgh, Pennsylvania
Roger Cotterrell, Queen Mary and Westfield College, University of London
Harold J. Berman, Emory University, Atlanta
James Gordley, University of California at Berkeley
Annelise Riles, Cornell University
Ugo Mattei, University of California at Hastings and University of Turin
Florian Faust, Bucerius Law School, Hamburg
Stefan Vogenauer, Brasenose College, Oxford
E. Alan Farnsworth, Columbia University
Peter Huber, Johannes Gutenberg University, Mainz
Daniel Visser, University of Cape
Town
Gerhard Wagner, University of Bonn
Sjef van Erp, University of Maastricht
Marius de Waal, University of Stellenbosch
Harry Krause, University of Illinois, Champaign-Urbana
Matthew Finkin, University of Illinois, Champaign-Urbana
Klaus J. Hopt, Max Planck Institute for Comparative and International Private Law, Hamburg
David Gerber, Chicago-Kent College of Law
Mark Tushnet, Harvard Law School
John Bell, Pembroke College, Cambridge
Markus Dubber, State University of New York, Buffalo
Joachim Zekoll, Johann Wofgang Goethe University, Frankfurt and Tulane University
Mathias Reimann, University of Michigan, Ann Arbour
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Charles Donahue: Introduction: Comparative Law Before the Code Napoléon
I The Development of Comparative Law in the World
1: Benédicte Fauvarque-Cosson: Development of Comparative Law in France
2: Ingeborg Schwenzer: Development of Comparative Law in Germany, Switzerland, and Austria
3: Elisabetta Grande: Development of Comparative Law in Italy
4: John Cairns: Development of Comparative Law in Great Britain
5: David Clarke: Development of Comparative Law in the United States
6: Zdenke Kühn: Development of Comparative Law in Eastern Europe
7: Zentaro Kitagawa: Development of Comparative Law in East Asia
8: Jan Kleinheisterkamp: Development of Comparative Law in Latin America
II Approaches to Comparative Law
9: Nils Jansen: Comparative Law Within the Field of Comparative Disciplines
10: Ralf Michaels: The Functional Method of Comparative Law
11: Gerhard Dannemann: Comparative Law: Study of Similarities or Differences?
12: Patrick Glenn: Comparative Legal Families and Comparative Legal Traditions
13: Michaele Graziadei: Comparative Law as the Study of Transplants and Receptions
14: Jacques du Plessis: Comparative Law and the Study of Mixed Legal Systems
15: Jan Smits: Comparative Law and its Influence on National Legal Systems
16: Reinhard Zimmermann: Comparative Law and the Europeanization of Private Law
17: Horatia Muir Watt: Comparative Law and the Process of Globalization
18: Chibli Mallat: Comparative Law and the Islamic Legal Culture
19: Tom Bennett: Comparative Law and African Customary Law
20: Vivian G. Curran: Comparative Law and Language
21: Roger Cotterrell: Comparative Law and Legal Culture
22: Harold J. Berman: Comparative Law and Religion
23: James Gordley: Comparative Law and Legal History
24: Annelise Riles: Comparative Law and Socio-Legal Studies
25: Ugo Mattei: Comparative Law and Critical Legal Studies
26: Florian Faust: Comparative Law and Economic Analysis of Law
III Subject Areas
27: Stefan Vogenauer: Sources of Law and Legal Method in Comparative Law
28: Alan Farnsworth: Comparative Contract Law
29: Peter Huber: Comparative Sales Law
30: Daniel Visser: Unjustified Enrichment in Comparative Perspective
31: Gerhard Wagner: Comparative Tort Law
32: Sjef van Erp: Comparative Property Law
33: Marius de Waal: Comparative Succession Law
34: Harry Krause: Comparative Family Law
35: Matthew Finkin: Comparative Labour Law
36: Klaus J. Hopt: Comparative Company Law
37: David Gerber: Comparative Antitrust Law
38: Mark Tushnet: Comparative Constitutional Law
39: John Bell: Comparative Administrative Law
40: Markus Dubber: Comparative Criminal Law
41: Joachim Zekoll: Comparative Civil Procedure
42: Mathias Reimann: Comparative Law and Private International Law
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