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Methods of Comparative Law
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 reassess 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.
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Critical Acclaim
Contributors
Contents
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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 reassess 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.
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 reassess 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.
Critical Acclaim
‘Extensively footnoted throughout, the book takes its place as part of Elgar’s Research Handbooks in Comparative Law series – the first of its kind, apparently, to cover such a broad range of comparative law issues. The orientation is global; the approach scholarly. This is a book which will no doubt interest the worldwide community of law academics and academic lawyers. Offering up some of the latest thinking on this subject, it contains much food for thought.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
Contributors
Contributors: M. Andenas, S. Benedettini, C. Costantini, D. Fairgrieve, G. Frankenberg, J. Gaakeer, S. Glanert, P. Goodrich, J. Gordley, C. Lei, B. Luppi, A.L. Marasco, S. McEvoy, P.G. Monateri, H. Muir Watt, A. Nicita, F. Parisi, G. Samuel, G. Watt
Contents
Contents:
Introduction
Pier Giuseppe Monateri
PART I: WHY ‘METHODS’? AN INTELLECTUAL PROJECT ON THE MULTILAYER STRUCTURE OF LEGAL COMPARATIVISM
1. Methods in Comparative Law: An Intellectual Overview
Pier Giuseppe Monateri
2. Intent on Making Mischief: Seven Ways of Using Comparative Law
Mads Andenas and Duncan Fairgrieve
3. Method?
Simone Glanert
4. Comparison as Deep Appreciation
Gary Watt
PART II: REVISITING CLASSICAL THEORIES AND PERSPECTIVES ON COMPARATIVE LEGAL METHODOLOGIES: A CRITICAL GLANCE
5. The Functional Method
James Gordley
6. How to do Projects with Comparative Law: Notes of an Expedition to the Common Core
Günter Frankenberg
7. Descriptive and Purposive Categories of Comparative Law
Sebastian 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’?
Geoffrey Samuel
9. Contextualizing Legal Transplant: China and Hong Kong
Chen Lei
PART IV: SPACE, BOUNDARIES AND JURISDICTIONS: THE CHOREOGRAPHIC SPECTRALITY OF LAW
10. Interstitium and Non-law
Peter Goodrich
11. The Iconicity of Space: Comparative Law and the Geopolitics of Jurisdictions
Cristina 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
Anthony Louis Marasco
13. Iudex Translator: The Reign of Finitude
Jeanne Gaakeer
14. Further Terrains for Subversive Comparison: The Field of Global Governance and the Public/Private Divide
Horatia Muir Watt
PART VI: POLITICAL ECONOMIES AND THE INNER POLICIES OF LAW: TOWARDS A ‘COMPARATIVE LAW AND ECONOMICS’ ASSESSMENT
15. Towards the Economics of Comparative Law: The Doing Business Debate
Antonio Nicita and Simona Benedettini
16. Quantitative Methods in Comparative Law
Francesco Parisi and Barbara Luppi
Index
Introduction
Pier Giuseppe Monateri
PART I: WHY ‘METHODS’? AN INTELLECTUAL PROJECT ON THE MULTILAYER STRUCTURE OF LEGAL COMPARATIVISM
1. Methods in Comparative Law: An Intellectual Overview
Pier Giuseppe Monateri
2. Intent on Making Mischief: Seven Ways of Using Comparative Law
Mads Andenas and Duncan Fairgrieve
3. Method?
Simone Glanert
4. Comparison as Deep Appreciation
Gary Watt
PART II: REVISITING CLASSICAL THEORIES AND PERSPECTIVES ON COMPARATIVE LEGAL METHODOLOGIES: A CRITICAL GLANCE
5. The Functional Method
James Gordley
6. How to do Projects with Comparative Law: Notes of an Expedition to the Common Core
Günter Frankenberg
7. Descriptive and Purposive Categories of Comparative Law
Sebastian 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’?
Geoffrey Samuel
9. Contextualizing Legal Transplant: China and Hong Kong
Chen Lei
PART IV: SPACE, BOUNDARIES AND JURISDICTIONS: THE CHOREOGRAPHIC SPECTRALITY OF LAW
10. Interstitium and Non-law
Peter Goodrich
11. The Iconicity of Space: Comparative Law and the Geopolitics of Jurisdictions
Cristina 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
Anthony Louis Marasco
13. Iudex Translator: The Reign of Finitude
Jeanne Gaakeer
14. Further Terrains for Subversive Comparison: The Field of Global Governance and the Public/Private Divide
Horatia Muir Watt
PART VI: POLITICAL ECONOMIES AND THE INNER POLICIES OF LAW: TOWARDS A ‘COMPARATIVE LAW AND ECONOMICS’ ASSESSMENT
15. Towards the Economics of Comparative Law: The Doing Business Debate
Antonio Nicita and Simona Benedettini
16. Quantitative Methods in Comparative Law
Francesco Parisi and Barbara Luppi
Index