The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.
• Was the first book to address the fundamental questions of methodology within comparative legal studies • Collaboration of leading scholars offering a wide range of viewpoints • Offers an analysis of major challenges confronting tomorrow's comparatist
1. Introduction: accounting for an encounter Roderick Munday; Part I. Comparative Legal Studies and its Legacies: 2. The universalist heritage James Gordley; 3. The colonialist heritage Upendra Baxi; 4. The nationalist heritage H. Patrick Glenn; 5. The functionalist heritage Michele Graziadei; Part II. Comparative Legal Studies and its Boundaries: 6. Comparatists and sociology Roger Cotterrell; 7. Comparatists and languages Bernhard Großfeld; Part III. Comparative Legal Studies and its Theories: 8. The question of understanding Mitchel Lasser; 9. The same and the different Pierre Legrand; 10. The neo-romantic turn James Whitman; 11. The methods and the politics David Kennedy; Part IV. Comparative Legal Studies and its Futures: 12. Comparatists and transferability David Nelken; 13. Comparatists and extraordinary places Esin Örücü; Conclusion; 14. Beyond compare Lawrence Rosen; Index.
Review of the hardback: 'This book offers a welcome contribution to the comparative law debate.' Institute for Transnational Legal Research
Review of the hardback: 'The present volume offers a wonderful overview of the divergence among comparative legal scholars about what the proper task of comparative law is. It highlights the importance of theoretical thinking in comparative law and thus forms a counterweight to comparative law enterprises in which this type of thinking is often lacking.' Jan Smits, Maastricht University
Review of the hardback: '… this book marks a step forward in comparative law analysis for a number of reasons. These are first of all that the book is wide-ranging in its fields of enquiry; second, that the links between comparative law on the one hand and sociology and jurisprudence on the other hand are brought to light. ' International and Comparative Law Quarterly