COMPARATIVE LAW
Introduction to a Critical Practice
Genre:
Law
Author:
F. Nicola, G. Frankenberg
Publisher:
Edward Elgar
Language:
English
AUTHOR BIO:
Fernanda G. Nicola, Professor of Law, Washington College of Law, American University, US Günter Frankenberg, Emeritus Professor of Public Law, Philosophy of Law and Comparative Law, Institute for Public Law, Goethe University Frankfurt am Main, Germany
Pages:
256
Publication:
2024
Rights available:
All except sold
Rights sold: Italian
DESCRIPTION:
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.
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
REVIEWS:
‘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 pract...
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