USA.: CU Press, 2003. - 529 pages
ISBN: 0521818117 9780521818117 9780511522260
This book features fourteen original essays written by some of the world’s most distinguished comparatists who bring sophisticated theoretical and interdisciplinary perspectives to bear on 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, at the dawn of a new century explore the directions that the subject is likely to take in the future. No previous work has 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.
Introduction: accounting for an encounter Roderick MundayComparative Legal Studies and its LegaciesThe universalist heritage James Gordley
The colonialist heritage Upendra Baxi
The nationalist heritage H. Patrick Glenn
The functionalist heritage Michele Graziadei
Comparative Legal Studies and its BoundariesComparatists and sociology Roger Cotterrell
Comparatists and languages Bernhard Großfeld
Comparative Legal Studies and its TheoriesThe question of understanding Mitchel Lasser
The same and the different Pierre Legrand
The neo-romantic turn James Whitman
The methods and the politics David Kennedy
Part IV. Comparative Legal Studies and its FuturesComparatists and transferability David Nelken
Comparatists and extraordinary places Esin Örücü; Conclusion
Beyond compare Lawrence Rosen