Paperback
Comparative Law
Introduction to a Critical Practice
9781035314959 Edward Elgar Publishing
This book provides a practical introductory guide to comparative law. Fernanda G. Nicola and Günter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects.
More Information
Critical Acclaim
Contents
More Information
This book provides a practical introductory guide to comparative law. Fernanda G. Nicola and Günter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects.
Comparative Law begins by outlining the theory and methodology of this critical legal practice. Chapters present real-world problems that the law faces in eight specific fields: property (informal property), contracts (specific performance), tort (wrongful birth), family law (same-sex marriage), administrative law (COVID-19 measures), constitutional law (veiling), legal transfers (gun control), and legal histories (indigenous property claims). Whilst examining various approaches to legal comparison, Nicola and Frankenberg crucially recognize how legal knowledge can be perpetually reconstructed, abstracted, and re-contextualized in diverse settings across space and time.
Pairing real-world contemporary examples with established legal principles and practices, this book is an essential resource for teachers and students of comparative law and legal anthropology. Its practical case application will also be of interest to political scientists and journalists engaged in international legal regimes, problems, and solutions.
Comparative Law begins by outlining the theory and methodology of this critical legal practice. Chapters present real-world problems that the law faces in eight specific fields: property (informal property), contracts (specific performance), tort (wrongful birth), family law (same-sex marriage), administrative law (COVID-19 measures), constitutional law (veiling), legal transfers (gun control), and legal histories (indigenous property claims). Whilst examining various approaches to legal comparison, Nicola and Frankenberg crucially recognize how legal knowledge can be perpetually reconstructed, abstracted, and re-contextualized in diverse settings across space and time.
Pairing real-world contemporary examples with established legal principles and practices, this book is an essential resource for teachers and students of comparative law and legal anthropology. Its practical case application will also be of interest to political scientists and journalists engaged in international legal regimes, problems, and solutions.
Critical Acclaim
‘This textbook is aimed at students and teachers but is also of interest to the wider legal community. It seeks to compare laws and legal process in respect of different cultures and traditions. The avowed aim is not just to explore different classifications (or taxonomies) of laws in different jurisdictions, but also to take a “critical” and dynamic approach to the subject. This also involves analysing sometimes controversial topics (such as “gun control” and the wearing of “the veil”) to examine how laws evolve and cross-relate across international borders. This is a rich seam of legal endeavour.’
– David Glass, Law Society Gazette
‘The primary aim of comparative law is knowledge, we have long been taught. Not so, as this new book shows: comparative law can be taught as a critical practice. And who could be better teachers than Fernanda Nicola and Günter Frankenberg, leading scholars and dedicated teachers of critical comparative law since long ago. Groundbreaking.’
– Ralf Michaels, University of Hamburg, Germany and Queen Mary University, UK
‘This is an exciting new comparative law book from two leading scholars in the field, which combines a problem-based and practice-based approach with critical perspectives on mainstream or “conventional” comparative law. With chapters covering topics which range across the fields of private and public law, and engaging with key debates on methodology, this should be a wonderful book for teachers, students and scholars of comparative law alike.’
– Gráinne de Búrca, New York University, School of Law, US
‘This is a one of a kind book in comparative law. It brings together the best of the field – problems, facts, functions, critique, politics, context, and borrowings. No esoteric discussions about method or random foreign law facts. It simply teaches how to practice comparative law and how to apply it to contemporary issues.’
– Jorge L. Esquirol, Florida International University, College of Law, US
– David Glass, Law Society Gazette
‘The primary aim of comparative law is knowledge, we have long been taught. Not so, as this new book shows: comparative law can be taught as a critical practice. And who could be better teachers than Fernanda Nicola and Günter Frankenberg, leading scholars and dedicated teachers of critical comparative law since long ago. Groundbreaking.’
– Ralf Michaels, University of Hamburg, Germany and Queen Mary University, UK
‘This is an exciting new comparative law book from two leading scholars in the field, which combines a problem-based and practice-based approach with critical perspectives on mainstream or “conventional” comparative law. With chapters covering topics which range across the fields of private and public law, and engaging with key debates on methodology, this should be a wonderful book for teachers, students and scholars of comparative law alike.’
– Gráinne de Búrca, New York University, School of Law, US
‘This is a one of a kind book in comparative law. It brings together the best of the field – problems, facts, functions, critique, politics, context, and borrowings. No esoteric discussions about method or random foreign law facts. It simply teaches how to practice comparative law and how to apply it to contemporary issues.’
– Jorge L. Esquirol, Florida International University, College of Law, US
Contents
Contents
1 Introducing a critical practice of comparative law
2 Comparing legal transfers
3 Comparing property laws
4 Comparing contract laws
5 Comparing tort laws
6 Comparing family laws
7 Comparing administrative laws
8 Comparing constitutions
9 Comparing legal histories
10 Concluding remarks
Bibliography
1 Introducing a critical practice of comparative law
2 Comparing legal transfers
3 Comparing property laws
4 Comparing contract laws
5 Comparing tort laws
6 Comparing family laws
7 Comparing administrative laws
8 Comparing constitutions
9 Comparing legal histories
10 Concluding remarks
Bibliography
