ISBN 9781107687769,The Cambridge Companion to Comparative Law

The Cambridge Companion to Comparative Law



Cambridge University Press

Publication Year 2013

ISBN 9781107687769

ISBN-10 1107687764

Paper Back

Number of Pages 410 Pages
Language (English)

Comparative law

We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.

Table of Contents
Editors' preface. Diapositives v. movies: the inner dynamics of the law and its comparative account: a companion

Part I. Knowing Comparative Law:

1. Comparative law and neighbouring disciplines
2. Political ideology and comparative law
3. Economic analysis and comparative law
4. Comparative law and anthropology
5. Comparative law and language

Part II. Comparative Law Fields:

6. Comparative studies in private law (insights from a European point of view)
7. Comparative administrative law
8. Comparative constitutional law
9. Comparative criminal justice
10. Comparative civil justice
11. Comparative law and the international organizations

Part III. Comparative Law in the Flux of Civilizations:

12. The East-Asian legal tradition
13. The Jewish legal tradition
14. The Islamic legal tradition
15. The Sub-Saharan legal tradition
16. The Latin American and Caribbean legal tradition (repositioning Latin America and the Caribbean in the contemporary maps of comparative law)
17. Mixed legal systems
18. Democracy and the Western legal tradition