This book presents an original, deliberately controversial and, at
times, disturbing appraisal of the state of comparative law at the
beginning of the 21st century: its weaknesses, its strengths, and its
protagonists (most of whom were personally known to the author) during
the preceding thirty-five years. It is also a reminder of the unique
opportunities the subject has in our shrinking world. The author
brings to bear his experience of thirty-five years as a teacher of the
subject to criticise the impact the long association with Roman law
has had on the orientation and well being of his subject. With equal
force, he also warns against some modern trends linking it with
variations of the critical legal studies movement, and urges the study
of foreign law in a way that can make it more attractive to
practitioners and more usable by judges. At the end of the day, this
monograph represents a passionate call for greater intellectual
co-operation and offers one way of achieving it. A co-operation
between practitioners and academics on the one hand and between Common
and (modern) Civilian lawyers on the other, in an attempt to save the
subject from the marginalisation it suffered in the 1980s and from
which the globalisation movement of the 21st century may be about to
deliver it.
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The Story of the Last Thirty-Five Years
Produktdetaljer
ISBN
9781847312020
Publisert
2015
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter