Comparative Legal Studies: Traditions and Transitions

doi:10.1017/CBO9780511522260

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.

Review of the hardback:'This book offers a welcome contribution to the comparative law debate.'

Source: 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. '

Source: International and Comparative Law Quarterly

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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List of contributors
pp vii-viii
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Introduction
pp 1-2
- By Pierre Legrand, Professor of Law, Université Panthéon-Sorbonne, Roderick Munday, Fellow of Peterhouse and University Lecturer in Law, University of Cambridge
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1 - Accounting for an encounter
pp 3-28
- By Roderick Munday, Fellow of Peterhouse and University Lecturer in Law, University of Cambridge
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Comparative legal studies and its legacies
pp 29-30
- By Pierre Legrand, Professor of Law, Université Panthéon-Sorbonne, Roderick Munday, Fellow of Peterhouse and University Lecturer in Law, University of Cambridge
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2 - The universalist heritage
pp 31-45
- By James Gordley, Professor of Jurisprudence, School of Law, University of California at Berkeley
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3 - The colonialist heritage
pp 46-75
- By Upendra Baxi, Professor of Law, University of Warwick
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4 - The nationalist heritage
pp 76-99
- By H. Patrick Glenn, Professor of Law, Faculty of Law and Institute of Comparative Law, McGill University
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5 - The functionalist heritage
pp 100-128
- By Michele Graziadei, Professor of Law, Facoltà di Giurisprudenza, Università del Piemonte Orientale ‘A. Avogadro’
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Comparative legal studies and its boundaries
pp 129-130
- By Pierre Legrand, Professor of Law, Université Panthéon-Sorbonne, Roderick Munday, Fellow of Peterhouse and University Lecturer in Law, University of Cambridge
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6 - Comparatists and sociology
pp 131-153
- By Roger Cotterrell, Professor of Legal Theory, Queen Mary and Westfield College, University of London
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7 - Comparatists and languages
pp 154-194
- By Bernhard Großfeld, Professor of Law, Universität Münster
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Comparative legal studies and its theories
pp 195-196
- By Pierre Legrand, Professor of Law, Université Panthéon-Sorbonne, Roderick Munday, Fellow of Peterhouse and University Lecturer in Law, University of Cambridge
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8 - The question of understanding
pp 197-239
- By Mitchel De S.-O.-L'E. Lasser, Professor of Law, University of Utah S. J. Quinney College of Law; Visiting Professor, Cornell Law School
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9 - The same and the different
pp 240-311
- By Pierre Legrand, Professor of Law, Université Panthéon-Sorbonne
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10 - The neo-Romantic turn
pp 312-344
- By James Q. Whitman, Professor of Comparative and Foreign Law, Yale University
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11 - The methods and the politics
pp 345-434
- By David Kennedy, Professor of Law, Harvard University
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Comparative legal studies and its futures
pp 435-436
- By Pierre Legrand, Professor of Law, Université Panthéon-Sorbonne, Roderick Munday, Fellow of Peterhouse and University Lecturer in Law, University of Cambridge
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12 - Comparatists and transferability
pp 437-466
- By David Nelken, Distinguished Professor of Legal Institutions and Social Change, University of Macerata; Distinguished Research Professor of Law, University of Wales, Cardiff; Honorary Professor of Law, London School of Economics and Political Science
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13 - Comparatists and extraordinary places
pp 467-490
- By Esin Örücü, Professor of Comparative Law, University of Glasgow and Erasmus University Rotterdam
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Conclusion
pp 491-492
- By Pierre Legrand, Professor of Law, Université Panthéon-Sorbonne, Roderick Munday, Fellow of Peterhouse and University Lecturer in Law, University of Cambridge
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14 - Beyond compare
pp 493-510
- By Lawrence Rosen, Professor of Anthropology, Princeton University; Adjunct Professor of Law, Columbia Law School
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Index
pp 511-520
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Comparative Legal Studies: Traditions and Transitions

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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

List of contributors
pp vii-viii

Introduction
pp 1-2

1 - Accounting for an encounter
pp 3-28

Comparative legal studies and its legacies
pp 29-30

2 - The universalist heritage
pp 31-45

3 - The colonialist heritage
pp 46-75

4 - The nationalist heritage
pp 76-99

5 - The functionalist heritage
pp 100-128

Comparative legal studies and its boundaries
pp 129-130

6 - Comparatists and sociology
pp 131-153

7 - Comparatists and languages
pp 154-194

Comparative legal studies and its theories
pp 195-196

8 - The question of understanding
pp 197-239

9 - The same and the different
pp 240-311

10 - The neo-Romantic turn
pp 312-344

11 - The methods and the politics
pp 345-434

Comparative legal studies and its futures
pp 435-436

12 - Comparatists and transferability
pp 437-466

13 - Comparatists and extraordinary places
pp 467-490

Conclusion
pp 491-492

14 - Beyond compare
pp 493-510

Index
pp 511-520

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Comparative Legal Studies: Traditions and Transitions

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