Comparative Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 28 February 2019
- ISBN 9780198791355
- Binding Hardback
- No. of pages960 pages
- Size 249x179x59 mm
- Weight 1818 g
- Language English 0
Categories
Short description:
This treatise offers in-depth coverage of comparative law, carefully structured and clearly explained by a leading expert. It is an invaluable resource for students seeking a critical introduction to the field, as well as scholars and practitioners, for whom it offers new insights, structures, and approaches.
MoreLong description:
Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship.
The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria).
The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.
The book not only offers to describe the varying norms and legal institutions but also proposes a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice
Table of Contents:
Part I: General Aspects of Comparative Law
Introduction: What Is Comparative Law?
Aims of Comparative Law
The Comparative Method
Legal Families, Legal Culture, and Context
Part II: The Contexts of Legal Systems
The Context of Common Law
The Basic Context of Civil Law
Variety of the Civil Law Context
The Context of African Law
Contexts in Asia
The Context of Islamic Law
Contexts of Transnational Law