The Oxford Handbook of Comparative Law

Description

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field. (p. iv) Copyright Page (p. iv) Copyright Page Edited by Mathias Reimann and Reimann Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann (p. iv) Copyright Page (p. v) Preface to the Second Edition (p. v) Preface to the Second Edition Edited by Mathias Reimann and Reimann Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann (p. v) Preface to the Second Edition (p. vi) (p. vii) Preface to the First Edition (p. vi) (p. vii) Preface to the First Edition Edited by Mathias Reimann and Reimann Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann (p. vi) (p. vii) Preface to the First Edition (p. vi) (p. vii) Preface to the First Edition (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors Edited by Mathias Reimann and Reimann Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xvi) Abbreviations (p. xvi) Abbreviations Edited by Mathias Reimann and Reimann Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations Comparative Law Before the Code Napoléon Abstract and Keywords Charles Donahue Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law Before the Code Napoléon (p. 4) I. The Ancient World Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon II. The Early and High Middle Ages Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon III. The Later Middle Ages Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon (p. 13) IV. Sixteenth-Century French Legal Thinkers Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon V. The Seventeenth and Eighteenth Centuries Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Bibliography Comparative Law Before the Code Napoléon Notes: Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Development of Comparative Law in France Abstract and Keywords Bénédicte Fauvarque-Cosson Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France I. The Rise of Comparative Law in France 1. The premiers pas of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France 2. The belle époque of Comparative Law (a) The Paris Congress of 1900 Development of Comparative Law in France (b) From the Paris Congress of 1900 to World War I Development of Comparative Law in France (c) From World War I to World War II (d) After World War II Development of Comparative Law in France (e) René David’s Book, Les grands systèmes de droit contemporain Development of Comparative Law in France II. The Decline of Comparative Law Development of Comparative Law in France 1. Comparative Law: A Collateral Science Development of Comparative Law in France Development of Comparative Law in France 2. The Marginal Position of Comparative Law in French Law Faculties (a) Insufficient Teaching of Comparative Law Development of Comparative Law in France (b) Insufficient Incentives for Students to Engage in Comparative Legal Studies (p. 45) III. The Renaissance of Comparative Law in France Development of Comparative Law in France 1. New Initiatives (a) Courts Development of Comparative Law in France (b) New Legislators: The Example of French Contract Law Development of Comparative Law in France (c) Practice Development of Comparative Law in France 2. New Challenges (a) American Critique and the Revitalization of Comparative Law Development of Comparative Law in France Development of Comparative Law in France (b) An International Approach to Comparative Law (p. 52) (c) A Wider Recognition of the Practical Uses of Comparison Development of Comparative Law in France IV. Concluding Remarks Bibliography Development of Comparative Law in France Notes: Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in Germany, Switzerland, and Austria Abstract and Keywords Ingeborg Schwenzer Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in Germany, Switzerland, and Austria I. Introduction Development of Comparative Law in Germany, Switzerland, and Austria (p. 56) II. The Long Nineteenth Century 1. Philosophical and Political Traditions Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria 2. The Evolutionary Paradigm 3. Legislative Comparative Law Development of Comparative Law in Germany, Switzerland, and Austria 4. Early Stages of Institutionalization Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria III. A Golden Age (1919–1933) 1. The Weimar Republic and the Pre-eminent Influence of Ernst Rabel Development of Comparative Law in Germany, Switzerland, and Austria 2. The Kaiser-Wilhelm Institutes Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria 3. Sale of Goods Development of Comparative Law in Germany, Switzerland, and Austria IV. Rupture and Remorse (1933–1950) 1. The Policy of Gleichschaltung Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria 2. National Socialist Comparative Law? Development of Comparative Law in Germany, Switzerland, and Austria 3. Continuity Development of Comparative Law in Germany, Switzerland, and Austria V. Recovery (1950–1989) 1. General Aspects and Institutionalization Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria (p. 72) 2. Methods and Fields of Interest (a) Methodological Foundations Development of Comparative Law in Germany, Switzerland, and Austria (b) Fields of Interest Development of Comparative Law in Germany, Switzerland, and Austria 3. Comparative Law Scholarship in the Post-War Era: Some Highlights Development of Comparative Law in Germany, Switzerland, and Austria (a) Comparative Law in General (b) Law of Sales Development of Comparative Law in Germany, Switzerland, and Austria (c) Tort Law (d) Law of Restitution (p. 77) (e) Family Law and the Law of Succession Development of Comparative Law in Germany, Switzerland, and Austria (f) Conflict of Laws (p. 78) 4. Comparative Law in Legislation and Courts Development of Comparative Law in Germany, Switzerland, and Austria VI. Legal Harmonization and New Approaches to Comparative Law Development of Comparative Law in Germany, Switzerland, and Austria 1. Development of the German Bürgerliches Gesetzbuch 2. The Interpretation of Uniform Law Development of Comparative Law in Germany, Switzerland, and Austria 3. Europeanization (a) The Classical Comparative Approach Development of Comparative Law in Germany, Switzerland, and Austria (b) The Ius Commune Approach (p. 83) (c) Practical Endeavours125 Development of Comparative Law in Germany, Switzerland, and Austria 4. Criticism Development of Comparative Law in Germany, Switzerland, and Austria VII. Conclusion Development of Comparative Law in Germany, Switzerland, and Austria Bibliography Development of Comparative Law in Germany, Switzerland, and Austria Notes: Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Italy Abstract and Keywords Elisabetta Grande Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in Italy (p. 88) I. Introduction: Layers of Reception Development of Comparative Law in Italy Development of Comparative Law in Italy (p. 90) II. Development: The Emergence of the Modern Discipline 1. Civil and Commercial Law Scholars in the Early Twentieth Century: To Cross or Not to Cross (the Channel) Development of Comparative Law in Italy 2. The Reformists in the Post-World War II Period: Broadening the View Development of Comparative Law in Italy 3. The Emergence of the Mainstream in the 1950s and 1960s: From Gorla’s Contracts to Sacco’s Formants Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy 4. Institutionalizing the Field in the 1970s and 1980s: The Dominance of Private Law Comparison Development of Comparative Law in Italy III. The Contemporary Scene: From Purity to Pluralism 1. The Theses of Trento Development of Comparative Law in Italy Development of Comparative Law in Italy 2. Letting Many Flowers Bloom: The 1990s and Beyond Development of Comparative Law in Italy Development of Comparative Law in Italy IV. Current Challenges and Future Directions: The Discipline Struggles with its Past 1. Beyond the Private Law Bias? Development of Comparative Law in Italy 2. The Lack of Political Influence Development of Comparative Law in Italy 3. Interdisciplinary Trends Development of Comparative Law in Italy V. From Import to Export? Italian Contributions to Comparative Law in Europe and Beyond Development of Comparative Law in Italy Development of Comparative Law in Italy Bibliography Development of Comparative Law in Italy Notes: Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Great Britain Abstract and Keywords John W. Cairns Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in Great Britain I. Introduction Development of Comparative Law in Great Britain II. Empire: Evolution and Legislation 1. Problems of Empire Development of Comparative Law in Great Britain 2. Comparative Evolutionary and Historical Jurisprudence Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain 3. The Society of Comparative Legislation Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain III. Modern Foundations 1. The Pioneers (a) Gutteridge Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain (b) Walton Development of Comparative Law in Great Britain (c) Amos Development of Comparative Law in Great Britain (d) Goadby Development of Comparative Law in Great Britain (e) Vesey-Fitzgerald (f) Lee Development of Comparative Law in Great Britain 2. Foreign Links: Institutes and Academies Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain 3. The Society of Comparative Legislation Development of Comparative Law in Great Britain 4. Comparative Law in the Universities Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain 5. An Imperial Law School and Advanced Legal Studies Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain 6. The Society of Public Teachers of Law 7. The Achievements of the Pioneers Development of Comparative Law in Great Britain IV. Beyond Empire: New Directions Development of Comparative Law in Great Britain 1. Scholarly Legacy of the Pioneers (a) The Fundamental Role of Roman Law Development of Comparative Law in Great Britain (b) The Importance of French Law (p. 141) (c) Unification Development of Comparative Law in Great Britain (d) Mixed Systems 2. Institutional Legacies (a) Institute of Advanced Legal Studies Development of Comparative Law in Great Britain (b) British Institute of International and Comparative Law (p. 143) (c) International Academy of Comparative Law (d) International Committee of Comparative Law and the UKNCCL Development of Comparative Law in Great Britain (e) The Law Commissions 3. New Developments (a) German Law and Comparative Legal Science Development of Comparative Law in Great Britain (b) Legal Transplants Development of Comparative Law in Great Britain (c) The Revival of Interest in Mixed Systems V. Disciplinary Uncertainty Development of Comparative Law in Great Britain Bibliography Notes: Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in the United States Abstract and Keywords David S. Clark Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in the United States I. Introduction Development of Comparative Law in the United States Development of Comparative Law in the United States II. Comparative Law prior to 1791 1. Roman and Civil Law in Colonial British America Development of Comparative Law in the United States Development of Comparative Law in the United States 2. Legal Foundation for the New Republic Development of Comparative Law in the United States Development of Comparative Law in the United States Development of Comparative Law in the United States III. Comparative Law in the Formative Era (1791–1865) 1. Resistance to English Law 2. Use of Roman and Civil Law Development of Comparative Law in the United States (p. 157) 3. Livermore, Story, and Kent Development of Comparative Law in the United States 4. Lieber, Legaré, Walker, Hoffman, and Cushing Development of Comparative Law in the United States 5. David Field and His Codes Development of Comparative Law in the United States IV. Comparative Law and Historical Jurisprudence (1865–1900) 1. Historical Jurisprudence Development of Comparative Law in the United States 2. Making Legal Education Scientific Development of Comparative Law in the United States 3. The First Academic Comparatists Development of Comparative Law in the United States (p. 163) V. Organized Comparative Law: The First Effort (1900–1950) 1. University Law Schools 2. The 1904 Universal Congress of Lawyers and Jurists Development of Comparative Law in the United States Development of Comparative Law in the United States (p. 165) 3. The Comparative Law Bureau Development of Comparative Law in the United States 4. The Bureau’s Support for Publications Development of Comparative Law in the United States 5. American Comparatists Abroad and at Home Development of Comparative Law in the United States Development of Comparative Law in the United States (p. 169) 6. Tulane University College of Law Development of Comparative Law in the United States 7. Roscoe Pound 8. John Wigmore Development of Comparative Law in the United States Development of Comparative Law in the United States 9. The 1930s: Achievement during a Difficult Period Development of Comparative Law in the United States VI. Firmly Establishing Comparative Law (since 1950) 1. The Post-War Period Development of Comparative Law in the United States (p. 174) 2. UNESCO, the AFLA, and the AALS Development of Comparative Law in the United States 3. The American Association for the Comparative Study of Law 4. The American Journal of Comparative Law Development of Comparative Law in the United States 5. Growth and Maturity: The American Society of Comparative Law Development of Comparative Law in the United States 6. Scepticism and Assessment Development of Comparative Law in the United States VII. Conclusion Development of Comparative Law in the United States Bibliography Development of Comparative Law in the United States Notes: Development of Comparative Law in the United States Development of Comparative Law in the United States Development of Comparative Law in the United States Development of Comparative Law in the United States Development of Comparative Law in the United States Comparative Law in Central and Eastern Europe Abstract and Keywords Zdeněk Kühn Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law in Central and Eastern Europe I. Comparative Law in Central and Eastern Europe before Communism Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe II. Comparative Law during Socialism 1. Comparative Law in the Soviet Union before Stalinism Comparative Law in Central and Eastern Europe 2. Comparative Law During Stalinism Comparative Law in Central and Eastern Europe 3. Comparative Law from the 1960s through the 1980s Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe III. Comparative Law after the Fall of Communism: From Comparative Civil Law to Comparative Constitutionalism? 1. The Transformation of Communist Law and the Role of Comparative Law Comparative Law in Central and Eastern Europe (p. 194) 2. Post-Communist Legal Academia and Comparative Law Comparative Law in Central and Eastern Europe 3. Comparative Constitutional Law Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe IV. The Prospective of Comparative Law in the Region of Central and Eastern Europe Comparative Law in Central and Eastern Europe Bibliography Notes: Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe The Development of Comparative Law in Japan Abstract and Keywords Luke Nottage Edited by Mathias Reimann and Reinhard Zimmermann The Development of Comparative Law in Japan (p. 202) I. Introduction II. History Matters 1. Importing Foreign and Comparative Law into Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan 2. Exporting Japanese Law The Development of Comparative Law in Japan The Development of Comparative Law in Japan III. Comparative Law Activity Within Contemporary Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan 1. Consumer Protection and Civil Law Amendments The Development of Comparative Law in Japan The Development of Comparative Law in Japan 2. Gradual Transformation in Corporate Law and Practice The Development of Comparative Law in Japan The Development of Comparative Law in Japan 3. Justice System Reform The Development of Comparative Law in Japan The Development of Comparative Law in Japan IV. How to Compare and Assess Japanese Law The Development of Comparative Law in Japan 1. Five Theories of Law: From Civil Dispute Resolution Studies The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan 2. Five Methodological Lessons: From Comparative Corporate Law Studies The Development of Comparative Law in Japan The Development of Comparative Law in Japan (p. 226) V. Conclusions and Challenges Bibliography The Development of Comparative Law in Japan The Development of Comparative Law in Japan Notes: The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Modern China Abstract and Keywords Taisu Zhang Edited by Mathias Reimann and Reinhard Zimmermann The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China I. The Origins of Self-Doubt: The Late Qing The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China II. The New Paradigm: The Republican Period The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China III. The Reception of Soviet Law: Communist China’s Turn Away from the West The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China IV. Ideological Struggle: Foreign and Comparative Law in the Post-Mao Era The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China V. Conclusion The Development of Comparative Law in Modern China Bibliography The Development of Comparative Law in Modern China Notes: The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China Development of Comparative Law in Latin America Abstract and Keywords Jan Kleinheisterkamp Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in Latin America I. Introduction Development of Comparative Law in Latin America II. The Colonial Period 1. First Legal Structures (p. 255) 2. The Existing Spanish Legal Order Development of Comparative Law in Latin America 3. The Cradle of Comparative Law in Portugal and Brazil Development of Comparative Law in Latin America III. Independence and Codification 1. The Latin American Constitutions Development of Comparative Law in Latin America 2. Codification Efforts Development of Comparative Law in Latin America (a) Early Copying of Foreign, especially French, Law Development of Comparative Law in Latin America (b) Indigenous Attempts to Codify Civil Law and the Role of Foreign Law Development of Comparative Law in Latin America (c) Bello and Ocampo in Chile Development of Comparative Law in Latin America Development of Comparative Law in Latin America (d) Teixeira de Freitas in Brazil Development of Comparative Law in Latin America (e) Vélez Sarsfield, Acevedo, and Narvaja in Argentina and Uruguay Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America (p. 270) (f) Further Developments between Mimicry and Wild Eclecticism Development of Comparative Law in Latin America (g) Bevilaqua and Comparative Law in Brazil Development of Comparative Law in Latin America 3. Summary of the Development in the First Century of Independence Development of Comparative Law in Latin America IV. From the Twentieth Century to the Present Day 1. The Growing Influence of the Common Law Development of Comparative Law in Latin America 2. A Battlefield for Influence: The Unification of Law Development of Comparative Law in Latin America (a) Pan-Americanism versus Ibero-Americanism Development of Comparative Law in Latin America (b) Unification of Home-Grown and Transplanted Law: CIDIP Development of Comparative Law in Latin America (c) The Role of ‘Sub’-Regional Integration: MERCOSUR and the Andean Community Development of Comparative Law in Latin America (d) Copying European Softness: The Principles of Latin American Contract Law Development of Comparative Law in Latin America 3. Developments Determining, and Determined by, Comparative Law (a) The High Degree of Eclecticism Development of Comparative Law in Latin America (b) The Authority and Challenges of Comparative Law Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America (c) Comparative Law in Action: The Supreme Courts of Argentina and Brazil Development of Comparative Law in Latin America V. Final Remark Bibliography Development of Comparative Law in Latin America Notes: Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Comparative Law and Comparative Knowledge Abstract and Keywords Nils Jansen Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and Comparative Knowledge (p. 292) I. Introduction Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge II. Analysing Comparison 1. Comparison and Classification Comparative Law and Comparative Knowledge 2. Comparison and Qualification Comparative Law and Comparative Knowledge 3. Judging Similarity and Difference Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge (p. 299) 4. Choosing Tertia Comparationis: What Matters? Comparative Law and Comparative Knowledge 5. Complex Comparisons: Family Similarity and the Idea of an Idealtypus Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge III. Comparing Comparisons: Interests and Methods Comparative Law and Comparative Knowledge 1. Historical Linguistics: Searching Genetic Relations Comparative Law and Comparative Knowledge (a) A ‘Science of Language’ (b) The Comparative Method Comparative Law and Comparative Knowledge (c) Some Observations Comparative Law and Comparative Knowledge (p. 309) 2. Comparative Religion: Complex Typologies for a Complex Reality Comparative Law and Comparative Knowledge (a) The Idea of a Comparative Religionswissenschaft Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge (b) The Comparative Method Comparative Law and Comparative Knowledge (c) Some Observations Comparative Law and Comparative Knowledge 3. Understanding Social Change: General Explanations for Historic Developments? Comparative Law and Comparative Knowledge (a) Towards a ‘Histoire Comparée’ Comparative Law and Comparative Knowledge (p. 316) (b) Comparison and Theory Comparative Law and Comparative Knowledge IV. Concluding Remarks (p. 318) V. Summary Comparative Law and Comparative Knowledge Bibliography Comparative Law and Comparative Knowledge Notes: Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law in Legal Education Abstract and Keywords Nora V. Demleitner Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law in Legal Education (p. 321) I. Introduction Comparative Law in Legal Education Comparative Law in Legal Education II. Why and How to Teach Comparative Law? Perennial Discussions (p. 323) 1. The Purpose of Comparative Law as an Academic Subject Comparative Law in Legal Education 2. The Role of Comparative Law in the Curriculum Comparative Law in Legal Education Comparative Law in Legal Education Comparative Law in Legal Education 3. Student Abilities and Preferences Comparative Law in Legal Education III. Comparative Law in the Curriculum 1. Comparative Legal Education Before 1900 (a) The Role of Comparative Law in US Legal Education Comparative Law in Legal Education (b) The Role of Comparative Law in European Legal Education Comparative Law in Legal Education (p. 330) 2. Comparative Legal Education between 1900 and World War II: Modern Beginnings Comparative Law in Legal Education (a) The Impact of World War I Comparative Law in Legal Education (b) The American Debate about How to Teach Comparative Law Comparative Law in Legal Education 3. Post-World War II to the 1980s: Reversal of Fortune (a) Emigrėe Comparatists and the Resurgence of Comparative Law in US Legal Education Comparative Law in Legal Education Comparative Law in Legal Education (b) Phoenix from the Ashes: The Ascent of Comparative Law Teaching in Europe Comparative Law in Legal Education Comparative Law in Legal Education IV. Comparative Law in Legal Education Today 1. The Important Role of Comparative Law Teaching in the European Union Comparative Law in Legal Education 2. International and Transnational Law: Threat or Support for Comparative Law in the United States? Comparative Law in Legal Education Comparative Law in Legal Education Comparative Law in Legal Education 3. Comparative Law in Australia and Canada: A Mixed Reception Comparative Law in Legal Education V. An Outlook Comparative Law in Legal Education Bibliography Comparative Law in Legal Education Notes: Comparative Law in Legal Education Comparative Law in Legal Education Comparative Law in Legal Education Comparative Law in Legal Education Comparative Law in Legal Education The Functional Method of Comparative Law Abstract and Keywords Ralf Michaels Edited by Mathias Reimann and Reinhard Zimmermann The Functional Method of Comparative Law (p. 346) I.‘The Functional Method’ The Functional Method of Comparative Law The Functional Method of Comparative Law II. Concepts of Functionalism The Functional Method of Comparative Law 1. Finalism The Functional Method of Comparative Law 2. Adaptionism The Functional Method of Comparative Law The Functional Method of Comparative Law 3. Constructivist Functionalism 4. Classical Functionalism The Functional Method of Comparative Law 5. Instrumentalism The Functional Method of Comparative Law 6. Refined Functionalism The Functional Method of Comparative Law The Functional Method of Comparative Law 7. Epistemological Functionalism The Functional Method of Comparative Law (p. 362) 8. Equivalence Functionalism The Functional Method of Comparative Law The Functional Method of Comparative Law 9. Functionalist Comparative Law: Synthesis or Eclecticism? The Functional Method of Comparative Law The Functional Method of Comparative Law (p. 368) III. Functions of Function The Functional Method of Comparative Law 1. The Epistemological Function: Understanding Law The Functional Method of Comparative Law The Functional Method of Comparative Law 2. The Comparative Function: Tertium Comparationis The Functional Method of Comparative Law The Functional Method of Comparative Law 3. The Presumptive Function: Praesumptio Similitudinis The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law 4. The Systematizing Function: Building Systems and Paradigms The Functional Method of Comparative Law 5. The Evaluative Function: Determining the Better Law The Functional Method of Comparative Law The Functional Method of Comparative Law 6. The Universalizing Function: Unifying Law The Functional Method of Comparative Law The Functional Method of Comparative Law 7. The Critical Function: Critique of Legal Orders The Functional Method of Comparative Law The Functional Method of Comparative Law (p. 386) IV. Conclusion: Towards Interpretative Functionalism The Functional Method of Comparative Law The Functional Method of Comparative Law Bibliography The Functional Method of Comparative Law Notes: The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law The Functional Method of Comparative Law Comparative Law: Study of Similarities or Differences? Abstract and Keywords Gerhard Dannemann Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law: Study of Similarities or Differences? I. Introduction Comparative Law: Study of Similarities or Differences? (p. 392) II. History and the State of the Debate 1. Unification, Functionalism, and the Presumption of Similarity (a) Unification (b) Functional Approach Comparative Law: Study of Similarities or Differences? (c) Legal Families and Legal Traditions Comparative Law: Study of Similarities or Differences? (d) Macro- and Microcomparison (e) Similarity of Problems and Results Comparative Law: Study of Similarities or Differences? 2. Criticism of Functionalism and the Emphasis on Difference (a) Gutteridge and Ancel (b) Difference Theory Comparative Law: Study of Similarities or Differences? (p. 397) (c) Diversity in Legal Process and Dynamics Comparative Law: Study of Similarities or Differences? 3. Reconciliation? Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? 4. Evaluation of the Contemporary Debate Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? III. Reasons to Look for Similarities or Differences 1. Linking Rules to Effects Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? 2. Complex Enquiries Comparative Law: Study of Similarities or Differences? 3. Purposes of Comparative Legal Enquiries (a) Unifying Law Comparative Law: Study of Similarities or Differences? (b) Solving Particular Problems Comparative Law: Study of Similarities or Differences? (c) Applying Foreign Law Comparative Law: Study of Similarities or Differences? (d) Facilitating Choice between Legal Systems (e) Understanding Law Comparative Law: Study of Similarities or Differences? IV. Steps of Comparative Enquiries 1. Selection Comparative Law: Study of Similarities or Differences? (a) Basis of Comparison Comparative Law: Study of Similarities or Differences? (b) Legal Systems Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? 2. Description (a) Legal Institutions and Rules Comparative Law: Study of Similarities or Differences? (b) Legal Context (c) Non-legal Context Comparative Law: Study of Similarities or Differences? (d) Results Comparative Law: Study of Similarities or Differences? 3. Analysis (a) Explaining Differences and Similarities Comparative Law: Study of Similarities or Differences? (b) Learning between Legal Systems Comparative Law: Study of Similarities or Differences? 4. Summary Comparative Law: Study of Similarities or Differences? Bibliography Notes: Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? Comparative Law: Study of Similarities or Differences? Comparative Legal Families and Comparative Legal Traditions Abstract and Keywords H. Patrick Glenn Edited by Mathias Reimann and Reinhard Zimmermann Comparative Legal Families and Comparative Legal Traditions I. Introduction II. The Taxonomic Project Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions III. Taxonomy and Stasis Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions IV. Taxonomy, Comparison, and Conflict Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions V. Eurocentrism Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions (p. 436) VI. Legal Families, Legal Traditions, and the Laws of the World Comparative Legal Families and Comparative Legal Traditions (p. 438) VII. Conclusion Comparative Legal Families and Comparative Legal Traditions VIII. Postscript by the Editors Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions Bibliography Comparative Legal Families and Comparative Legal Traditions Notes: Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions Comparative Legal Families and Comparative Legal Traditions Comparative Law, Transplants, and Receptions Abstract and Keywords Michele Graziadei Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law, Transplants, and Receptions (p. 443) I. Introduction Comparative Law, Transplants, and Receptions II. Terminology Comparative Law, Transplants, and Receptions III. Some Classical Cases 1. The Reception of Roman Law in Europe and in Other Parts of the World Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions 2. Some Civil Codes and their Diffusion Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions 3. The Diffusion of the Common Law Comparative Law, Transplants, and Receptions 4. Constitutional Transplants, Borrowings, and Migrations Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions IV. Global Governance as a Source of Legal Transplants Comparative Law, Transplants, and Receptions V. Legal Transplants, Language Contact, and Legal Translation Comparative Law, Transplants, and Receptions VI. Factors of Change Comparative Law, Transplants, and Receptions 1. Imposition Comparative Law, Transplants, and Receptions (p. 460) 2. Prestige Comparative Law, Transplants, and Receptions 3. Economic Performance and the Transplant of Legal Institutions Comparative Law, Transplants, and Receptions VII. What Change? Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions VIII. Legal Transplants and Receptions as Unsettling Topics 1. Law and Authority Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions 2. Law and Society Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions IX. Lessons Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions X. Conclusion Comparative Law, Transplants, and Receptions Bibliography Comparative Law, Transplants, and Receptions Notes: Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law, Transplants, and Receptions Comparative Law and the Study of Mixed Legal Systems Abstract and Keywords Jacques Du Plessis Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and the Study of Mixed Legal Systems I. Introduction II. Key Concepts Comparative Law and the Study of Mixed Legal Systems 1.‘Mixed Jurisdictions’ and ‘Mixed Legal Systems’: From the ‘Classical’ to the ‘Liberal’ Approaches Comparative Law and the Study of Mixed Legal Systems 2.‘Legal Pluralism’: The ‘Classical’, ‘New’, and ‘Global’ Phases Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems 3.‘Hybridity’ Comparative Law and the Study of Mixed Legal Systems (p. 482) III. Mixed Legal Systems and Comparative Representations of Legal Systems 1. Legal Families Comparative Law and the Study of Mixed Legal Systems (a) The Classical or Old Mixes: Palmer’s (Small) ‘Third Legal Family’ Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems (b) Enter the ‘New’ Mixes: The Ottawa Study’s Fifth (Large) Legal Family Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems 2. Mixed Systems and Alternatives to Legal Families (a)Örücü’s Family Trees and Maps Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems (b) Glenn’s Legal Traditions Comparative Law and the Study of Mixed Legal Systems IV. The Experiences of Mixed Legal Systems: Some Features and Lessons Comparative Law and the Study of Mixed Legal Systems 1. Debates on the Balance of the Mix: Purists, Pragmatists, and Pollutionists Comparative Law and the Study of Mixed Legal Systems (p. 496) 2. The Cultural and Religious Dimension Comparative Law and the Study of Mixed Legal Systems (p. 497) 3. Mixed Systems and Fundamental Rights Comparative Law and the Study of Mixed Legal Systems (p. 498) 4. Mixed Legal Systems and the Development of European Private Law Comparative Law and the Study of Mixed Legal Systems 5. The Value of Mixed Legal Systems: Laboratories of Comparative Law? V. Conclusions Comparative Law and the Study of Mixed Legal Systems Bibliography Comparative Law and the Study of Mixed Legal Systems Notes: Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and the Study of Mixed Legal Systems Comparative Law and its Influence on National Legal Systems Abstract and Keywords Jan M. Smits Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and its Influence on National Legal Systems (p. 503) I. Introduction (p. 504) II. Comparative Law and the National Legislatures Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems III. Comparative Law and the National Courts 1. Introduction Comparative Law and its Influence on National Legal Systems (p. 508) 2. Voluntary Recourse to Foreign Law in Domestic Disputes Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems IV. The Legitimacy of Comparative Law Influence: Why Comparative Inspiration? 1. A Categorization of Types of Comparative Influence Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems 2. The Legitimacy of Comparative Reasoning Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems V. Motives, Strategies, and Differences Among Countries in Valuing Foreign Law 1. Introduction Comparative Law and its Influence on National Legal Systems 2. Motives and Strategies in Comparative Reasoning Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems 3. Differences in the Extent to which Different Legal Systems are Open to Foreign Influence Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems (p. 522) VI. Finally: The Influence of Comparative Reasoning on National Law Comparative Law and its Influence on National Legal Systems Bibliography Comparative Law and its Influence on National Legal Systems Notes: Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems Comparative Law and its Influence on National Legal Systems Comparative Law and European Union Law Abstract and Keywords Sir Francis Jacobs Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and European Union Law Comparative Law and European Union Law I. Introduction 1. The Perspective of Comparative Law Comparative Law and European Union Law 2. The Nature of European Law 3. Civil and Common Law Systems Comparative Law and European Union Law (p. 528) II. Components (Sources) of European Law 1. The Treaty Provisions Comparative Law and European Union Law 2. Basic Treaties, But No Formal Constitution Comparative Law and European Union Law Comparative Law and European Union Law 3. Progressive Constitutionalization: The Example of Fundamental Rights Comparative Law and European Union Law Comparative Law and European Union Law 4. Constitutional Principles Developed by the Court of Justice Comparative Law and European Union Law 5. Legislation (a) The Legislature Comparative Law and European Union Law (b) Forms of Legislation Comparative Law and European Union Law (c) Style and Content of Legislation Comparative Law and European Union Law (d) Interpretation of European Legislation 6. General Principles of Law (a) The Derivation and Use of General Principles of Law Comparative Law and European Union Law Comparative Law and European Union Law (b) The Principle of Proportionality Comparative Law and European Union Law Comparative Law and European Union Law 7. Public International Law (a) Customary International Law (b) Treaties (c) Treaty-Making Competence Comparative Law and European Union Law (d) The Effect of Treaties Within the EU Legal Order (e) The United Nations Charter III. The European Judicial System 1. Introduction Comparative Law and European Union Law 2. The Court of Justice 3. The General Court Comparative Law and European Union Law 4. Constitution of the Court of Justice Comparative Law and European Union Law 5. Jurisdiction of the Court Comparative Law and European Union Law Comparative Law and European Union Law 6. How the Court of Justice Works (a) Procedure (b) Working Methods Comparative Law and European Union Law 7. The Character of the Court’s Judgments and the Treatment of Judicial Precedent 8. The Reasoning of the Court of Justice Comparative Law and European Union Law 9. The Court of Justice and Comparative law Comparative Law and European Union Law IV. Private Law and Public Law 1. Competition Law Comparative Law and European Union Law Comparative Law and European Union Law 2. European Law and National Private Law V. The European Union and Federal Systems 1. Competences Comparative Law and European Union Law (p. 553) 2. The European System and Federal Systems Comparative Law and European Union Law VI. Other Judicial Systems Inspired by the European Model 1. The EFTA Court Comparative Law and European Union Law 2. Other Transnational Courts Comparative Law and European Union Law VII. Conclusion Bibliography Comparative Law and European Union Law Notes: Comparative Law and European Union Law Comparative Law and European Union Law Comparative Law and European Union Law Comparative Law and the Europeanization of Private Law Abstract and Keywords Reinhard Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and the Europeanization of Private Law (p. 558) I. Prologue: Unification of Private Law as a Task for Comparative Legal Studies Comparative Law and the Europeanization of Private Law II. The Europeanization of Private Law 1. From Rome to Lisbon: The Creation of the European Union Comparative Law and the Europeanization of Private Law 2. A Patchwork of Directives Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law (p. 563) 3. The Role of the European Court of Justice 4. Towards a European Sales Law? Comparative Law and the Europeanization of Private Law III. European Legal Scholarship Comparative Law and the Europeanization of Private Law IV. The Contribution of Comparative Law 1. Legal Training Comparative Law and the Europeanization of Private Law 2. Making the Legal Materials Readily Accessible Comparative Law and the Europeanization of Private Law 3. Disregarding the National Boundaries: The Case of Contract Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law 4. Common Conceptual Structures? The Cases of Delict and Unjustified Enrichment Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law 5. Establishing Networks: The New Law Journals Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law 6. Finding the Common Core 7. Bridging the Channel Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law 8. Principles of European Contract Law (a) Scope, Approach, Characteristic Features Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law (p. 581) (b) Purposes and Perspectives Comparative Law and the Europeanization of Private Law 9. Principles of European Tort Law Comparative Law and the Europeanization of Private Law 10. More Principles Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law 11. Codification Projects Comparative Law and the Europeanization of Private Law V. Where We Stand Today 1. Contract Law … Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law 2. … and Beyond Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law VI. Preserving the Momentum Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Bibliography Comparative Law and the Europeanization of Private Law Notes: Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Comparative Law and the Europeanization of Private Law Globalization and Comparative Law Abstract and Keywords Horatia Muir Watt Edited by Mathias Reimann and Reinhard Zimmermann Globalization and Comparative Law Globalization and Comparative Law Globalization and Comparative Law Globalization and Comparative Law I. The Methodological Challenge 1. From Nation States to Epistemic Communities Globalization and Comparative Law Globalization and Comparative Law Globalization and Comparative Law 2. From a Static to a Dynamic Perspective Globalization and Comparative Law Globalization and Comparative Law 3. Abandoning the Private Law Focus Globalization and Comparative Law Globalization and Comparative Law II. The Ideological Challenge 1. The Contemporary Academic Retreat Globalization and Comparative Law Globalization and Comparative Law 2. The Unacknowledged World Vision of Comparative Law Globalization and Comparative Law Globalization and Comparative Law Globalization and Comparative Law 3. Comparative Knowledge and Issues of Global Governance Globalization and Comparative Law Globalization and Comparative Law Globalization and Comparative Law III. The Practical Challenge Globalization and Comparative Law 1. Increased Information and Interconnectedness Globalization and Comparative Law Globalization and Comparative Law 2. The Rise of Transnational Uniform Law Globalization and Comparative Law Bibliography Globalization and Comparative Law Notes: Globalization and Comparative Law Globalization and Comparative Law Globalization and Comparative Law Globalization and Comparative Law Globalization and Comparative Law Globalization and Comparative Law Comparative Law and the Islamic (Middle Eastern) Legal Culture Abstract and Keywords Chibli Mallatt Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and the Islamic (Middle Eastern) Legal Culture (p. 625) I. Islamic Law and Civilization: The Comparative Framework Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture (p. 629) II. The Rule of Law in the Prism of the Legal Profession Comparative Law and the Islamic (Middle Eastern) Legal Culture 1. The Classical Legacy Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture 2. The Contemporary Scene Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture (p. 637) III. Public and Private Law: Select Comparative Issues Comparative Law and the Islamic (Middle Eastern) Legal Culture 1. Constitutions: Personal versus Territorial Models Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture 2. Contracts and Torts: Defining an Islamic Style Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture 3. Family Law: The Search for Gender Equality (a) Classical Law (aa) Marriage Comparative Law and the Islamic (Middle Eastern) Legal Culture (bb) Termination of marriage (cc) Custody (dd) Succession Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture (b) Reform Project (aa) Marriage Comparative Law and the Islamic (Middle Eastern) Legal Culture (bb) Termination of Marriage (cc) Custody (p. 650) (dd) Succession Comparative Law and the Islamic (Middle Eastern) Legal Culture IV. Epilogue Comparative Law and the Islamic (Middle Eastern) Legal Culture Bibliography Notes: Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and the Islamic (Middle Eastern) Legal Culture Comparative Law and African Customary Law Abstract and Keywords T. W. Bennett Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and African Customary Law (p. 653) I. Positioning African Customary Law in Comparative Legal Studies Comparative Law and African Customary Law Comparative Law and African Customary Law II. The Colonial Encounter Comparative Law and African Customary Law III. The Transformation of Customary Law into a Western Legal Form 1. The Transcription of Oral Laws to Written Form Comparative Law and African Customary Law 2. The Nature of Oral Law Comparative Law and African Customary Law 3. The Effects of Writing Comparative Law and African Customary Law 4. Transcription and Translation Comparative Law and African Customary Law 5. Legal Terminology Comparative Law and African Customary Law IV. Legal Anthropology: Changes in Theory Comparative Law and African Customary Law 1. Evolutionism (p. 663) 2. Functionalism Comparative Law and African Customary Law Comparative Law and African Customary Law Comparative Law and African Customary Law 3. Process and Dispute Resolution Comparative Law and African Customary Law Comparative Law and African Customary Law Comparative Law and African Customary Law 4. Neo-Marxist Theory and Deconstruction Comparative Law and African Customary Law Comparative Law and African Customary Law V. Decolonization Comparative Law and African Customary Law Comparative Law and African Customary Law (p. 673) VI. Legal Pluralism 1. Positivism and the Pluralist Critique Comparative Law and African Customary Law 2. The Implications of Pluralist Research: ‘Living’ and ‘Official’ Customary Law Comparative Law and African Customary Law Comparative Law and African Customary Law Comparative Law and African Customary Law 3. Problems with the Pluralist Perspective VII. Conclusion: The Challenge for Comparative Law Comparative Law and African Customary Law Comparative Law and African Customary Law Bibliography Comparative Law and African Customary Law Notes: Comparative Law and African Customary Law Comparative Law and African Customary Law Comparative Law and African Customary Law Comparative Law and African Customary Law Comparative Law and African Customary Law Comparative Law and African Customary Law Comparative Law and African Customary Law Comparative Law and Language Abstract and Keywords Vivian Grosswald Curran Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and Language I. Introduction Comparative Law and Language Comparative Law and Language (p. 684) II. Simple Observations Comparative Law and Language III. Plurilinguism, Imagination, and Comparative Law Comparative Law and Language Comparative Law and Language (p. 688) IV. The Universal and the Particular in Post-War Comparative Law and Language Comparative Law and Language Comparative Law and Language Comparative Law and Language V. More Recent History 1. Languages and Comparative Law Theory in the Post-War Generation Comparative Law and Language Comparative Law and Language (p. 694) 2. The Next Generation Comparative Law and Language VI. Babel Comparative Law and Language Comparative Law and Language VII. Language Deflation and the Growth of the Non-national Comparative Law and Language Comparative Law and Language VIII. Familiarity and Foreignness Comparative Law and Language Comparative Law and Language Comparative Law and Language IX. Translating European Law: Examples Comparative Law and Language Comparative Law and Language X. Conclusion Comparative Law and Language Comparative Law and Language Comparative Law and Language Bibliography Comparative Law and Language Notes: Comparative Law and Language Comparative Law and Language Comparative Law and Language Comparative Law and Language Comparative Law and Language Comparative Law and Language Comparative Law and Language Comparative Law and Language Comparative Law and Language Comparative Law and Language Comparative Law and Language Comparative Law and Legal Culture Abstract and Keywords Roger Cotterrell Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and Legal Culture I. Introduction Comparative Law and Legal Culture II. Law Inside Culture Comparative Law and Legal Culture III. Cultures as Fields of Similarity Comparative Law and Legal Culture 1. European Legal Culture Comparative Law and Legal Culture 2. Components of Culture Comparative Law and Legal Culture Comparative Law and Legal Culture 3. Who Defines Culture? Comparative Law and Legal Culture IV. Legal Culture and Legal Change Comparative Law and Legal Culture Comparative Law and Legal Culture V. Identifying and Interpreting Legal Cultures Comparative Law and Legal Culture Comparative Law and Legal Culture Comparative Law and Legal Culture Comparative Law and Legal Culture VI. Celebrating Difference (p. 725) 1. Multiculturalism and Legal Pluralism Comparative Law and Legal Culture Comparative Law and Legal Culture 2. European Legal Integration Comparative Law and Legal Culture 3. Globalization and Legal Parochialism Comparative Law and Legal Culture Comparative Law and Legal Culture VII. Disaggregating Culture Comparative Law and Legal Culture Comparative Law and Legal Culture Comparative Law and Legal Culture Bibliography Comparative Law and Legal Culture Notes: Comparative Law and Legal Culture Comparative Law and Legal Culture Comparative Law and Legal Culture Comparative Law and Legal Culture Comparative Law and Legal Culture Comparative Law and Religion Abstract and Keywords I. Introduction James Q. Whitman Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and Religion Comparative Law and Religion II. The Literature of Comparative Law and Religion Comparative Law and Religion Comparative Law and Religion III. The Key Methodological Challenge: Can We Distinguish ‘Law’ from ‘Religion’? Comparative Law and Religion Comparative Law and Religion IV. The Axial Age Transformations Comparative Law and Religion Comparative Law and Religion V. Fikentscher on the Axial Age Transformations VI. The Relationship between Law and Ritual Comparative Law and Religion Comparative Law and Religion Comparative Law and Religion Comparative Law and Religion Comparative Law and Religion Comparative Law and Religion (p. 750) VII. Institutional Transformations: Textual Interpretation and Monasticism Comparative Law and Religion Comparative Law and Religion Comparative Law and Religion VIII. Conclusion Bibliography Comparative Law and Religion Notes: Comparative Law and Religion Comparative Law and Religion Comparative Law and Religion Comparative Law and Religion Comparative Law and Religion Comparative Law and Religion Comparative Law and Legal History Abstract and Keywords James Gordley Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and Legal History I. Introduction II. Origins 1. Legal History Comparative Law and Legal History Comparative Law and Legal History Comparative Law and Legal History (p. 759) 2. Comparative Law Comparative Law and Legal History Comparative Law and Legal History Comparative Law and Legal History Comparative Law and Legal History III. The Common Mistake 1. The Existence of a ‘Legal System’ 2. The Search for Principles Unifying Legal Systems Comparative Law and Legal History (a) Unity of ‘Geist’ Comparative Law and Legal History (b) Unity of Economic Purpose Comparative Law and Legal History Comparative Law and Legal History IV. The Need for Mutual Support 1. Legal History in the Service of Comparative Law Comparative Law and Legal History Comparative Law and Legal History 2. Comparative Law in the Service of Legal History Comparative Law and Legal History V. Conclusion Bibliography Comparative Law and Legal History Notes: Comparative Law and Legal History Comparative Law and Legal History Comparative Law and Legal History Comparative Law and Legal History Comparative Law and Legal History Comparative Law and Legal History Comparative Law and Socio-Legal Studies Abstract and Keywords Annelise Riles Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and Socio-Legal Studies (p. 773) I. Introduction Comparative Law and Socio-Legal Studies II. Labouring in the Long Shadow of Weber Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies III. Traditional Distance Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies IV. Comparative Law beyond Europe and the Americas Comparative Law and Socio-Legal Studies (p. 782) V. Legal Pluralism Comparative Law and Socio-Legal Studies VI. The Rapprochement 1. Globalization of the Legal Profession Comparative Law and Socio-Legal Studies 2. Law and Development/Rule of Law/Harmonization Projects Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies 3. National and Local Effects of Global Legal Forms Comparative Law and Socio-Legal Studies 4. New Debates about Legal Pluralism Comparative Law and Socio-Legal Studies 5. Legal Transplants Comparative Law and Socio-Legal Studies (p. 791) 6. Legal Culture Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies VII. Consensus Items: Stepping Outside Weber’s Shadow 1. A Transnational Focus is Indispensable Comparative Law and Socio-Legal Studies 2. The Stark Distinction between Law and Society has Outlived its Utility Comparative Law and Socio-Legal Studies 3. The Distinction between Normative and Descriptive Argument is also No Longer a Fruitful Way of Delineating Disciplinary Boundaries 4. The Transplant Concept, at least in its Strong Form, is Too Crude (p. 796) 5. The Culture Concept, at least in its Strong Form, is also Too Crude Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies VIII. Emerging Work on Legal Knowledge: Reclaiming the Weberian Tradition Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Bibliography Comparative Law and Socio-Legal Studies Notes: Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Socio-Legal Studies Comparative Law and Critical Legal Studies Abstract and Keywords Ugo Mattei Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and Critical Legal Studies I. For Starters: Defining the Key Question Comparative Law and Critical Legal Studies II. Critical Legal Studies Meets Comparative Law: A Tour d’Horizon Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies III. Disruption or Continuity? (p. 813) 1. The Assault on the Traditional ‘Canon’ Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies 2. Functionalism and Structuralism Comparative Law and Critical Legal Studies 3. Critiques of Transplants and Receptions Comparative Law and Critical Legal Studies 4. Exploring ‘Legal Consciousness’ Comparative Law and Critical Legal Studies (p. 820) 5. Other Areas of Activity and Contexts of Critique Comparative Law and Critical Legal Studies IV. Conclusions: A Sympathetic Critique of the Critique Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Bibliography Comparative Law and Critical Legal Studies Notes: Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Critical Legal Studies Comparative Law and Economic Analysis of Law Abstract and Keywords Florian Faust Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law I. Economic Analysis of Law: A Short Sketch 1. Positive Economic Analysis Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law 2. Normative Economic Analysis Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law II. One Discipline as an Ancillary Discipline to the Other (p. 833) 1. Economic Analysis as an Ancillary Discipline to Comparative Law (a) The Descriptive Approach to Comparative Law Comparative Law and Economic Analysis of Law (b) The Normative Approach to Comparative Law Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law 2. Comparative Law as an Ancillary Discipline to Economic Analysis (a) The Danger of Being Unrealistic Comparative Law and Economic Analysis of Law (b) The Choice of the Rules to Be Examined Comparative Law and Economic Analysis of Law (c) The Prediction of People’s Behaviour (d) Summary 3. An Example Comparative Law and Economic Analysis of Law (a) The Comparatist’s Perspective Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law (b) The Perspective of Economic Analysis of Law 4. Summary Comparative Law and Economic Analysis of Law III. One Discipline as Subject Matter of the Other 1. Comparative Economic Analysis of Law (a) Application of Law Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law (b) Legislation Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law 2. Economic Analysis of Comparative Law (a) Positive Economic Analysis of Comparative Law Comparative Law and Economic Analysis of Law (b) Normative Economic Analysis of Comparative Law IV. Comparative Law and Economics—A New Discipline? Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law Bibliography Comparative Law and Economic Analysis of Law Notes: Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law Comparative Law and Economic Analysis of Law New Directions in Comparative Law Abstract and Keywords Mathias Siems Edited by Mathias Reimann and Reinhard Zimmermann New Directions in Comparative Law I. Introduction New Directions in Comparative Law II. Methods of Comparative Law 1. Prologue New Directions in Comparative Law 2. Modifications of Traditional Methods New Directions in Comparative Law New Directions in Comparative Law 3. Extending Methods New Directions in Comparative Law New Directions in Comparative Law 4. Interdisciplinary Research New Directions in Comparative Law New Directions in Comparative Law III. Topics of Comparative Law 1. Prologue New Directions in Comparative Law 2. Modifications of Traditional Scope New Directions in Comparative Law 3. Extending Scope New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law 4. Interdisciplinary Research New Directions in Comparative Law New Directions in Comparative Law IV. Conclusion Bibliography New Directions in Comparative Law Notes: New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law New Directions in Comparative Law Sources Of Law and Legal Method in Comparative Law Abstract and Keywords Stefan Vogenauer Edited by Mathias Reimann and Reinhard Zimmermann Sources Of Law and Legal Method in Comparative Law (p. 878) I. Introduction Sources Of Law and Legal Method in Comparative Law II. The Significance of Sources of Law and Legal Method for the Discipline of Comparative Law 1. Importance for the Practice of Comparative Law Sources Of Law and Legal Method in Comparative Law 2. Importance for the Theory of Comparative Law Sources Of Law and Legal Method in Comparative Law 3. Comparative Law as a Source of Law and as a Tool of Legal Method Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law III. Establishing the Sources of Law and the Legal Method of Another System (p. 884) 1. Sources of Law (a) Terminology Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law (b) Legislation on Sources, Theories of Sources, and Social Reality Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law 2. Legal Method (a) Terminology Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law (b) Legislation on Legal Method, Methodological Theories, and Practice Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law IV. Comparative Studies of Sources of Law and Legal Method 1. General Studies Sources Of Law and Legal Method in Comparative Law (p. 896) 2. Studies of Specific Legal Sources and the Methodological Approaches Pertaining to Them (a) Legislation Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law (b) Case Law (c) Other Sources of Law Sources Of Law and Legal Method in Comparative Law V. Where to Go Next? Sources Of Law and Legal Method in Comparative Law Bibliography Notes: Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law Sources Of Law and Legal Method in Comparative Law Comparative Contract Law Abstract and Keywords Hein Kötz Edited by Mathias Reimann and Reinhard Zimmermann Comparative Contract Law (p. 903) I. Introduction 1. Favourite Subject of Comparative Analysis Comparative Contract Law 2. Practical Relevance Comparative Contract Law Comparative Contract Law (p. 907) 3. Civil Law and Common Law Comparative Contract Law II. The Enforceability of Agreements Comparative Contract Law 1. The Intention to Create Legal Relations 2. Consideration Comparative Contract Law 3. Formal Requirements Comparative Contract Law III. Ascertaining the Content of a Contract (p. 914) 1. Interpretation Comparative Contract Law 2. Supplementation Comparative Contract Law IV. Illegal, Immoral, and Unfair Contracts 1. Illegal or Immoral Contracts Comparative Contract Law 2. Unfairness Comparative Contract Law (p. 920) V. Mistake Comparative Contract Law Comparative Contract Law VI. Claims for Performance Comparative Contract Law Comparative Contract Law VII. Termination of Contracts Comparative Contract Law Comparative Contract Law (p. 929) VIII. Damages Comparative Contract Law Comparative Contract Law Bibliography Comparative Contract Law Notes: Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Contract Law Comparative Sales Law Abstract and Keywords Peter Huber Edited by Mathias Reimann and Reinhard Zimmermann Comparative Sales Law I. Introduction Comparative Sales Law II. Comparative Law and the Development of Uniform Sales Law 1. The UN Convention on Contracts for the International Sale of Goods and the Idea of a World-Wide Unification of the Law of International Sales (a) UNIDROIT and the Hague Uniform Law of International Sales (ULIS) Comparative Sales Law (b) UNCITRAL and the Convention of 1980 (c) Scope of the CISG Comparative Sales Law (d) The CISG and Comparative Law 2. Harmonization of the Law of Sales within the European Union Comparative Sales Law (a) The Starting Point: Sector-specific Regulatory Measures Comparative Sales Law Comparative Sales Law (b) The More Ambitious Endeavour—From Sector-specific Measures to a European Contract Law—and Back Comparative Sales Law Comparative Sales Law (c) The Principles of European Contract Law and the Comparative Work of European Research Groups (d) Comparative Law in the European Harmonization Process Comparative Sales Law (p. 945) 3. Harmonization of the Law of Sales in Africa Comparative Sales Law 4. The Special Case of Scandinavia Comparative Sales Law 5. The Wider Context: The UNIDROIT Principles of International Commercial Contracts Comparative Sales Law 6. The Overall Picture: Uniform Law and National Law Comparative Sales Law (p. 950) III. Characteristic Comparative Features of Sales Law—As Evidenced by the Buyer’s Remedies for Non-Conformity of the Goods 1. The Way from Caveat Emptor to an Objective System of Seller’s Liability (p. 951) (a) The Roman Model: The ‘Two-Tier Approach’ Comparative Sales Law Comparative Sales Law (b) The English Model: A Unitary Approach Comparative Sales Law Comparative Sales Law 2. The Role of Termination as a Remedy Comparative Sales Law (a) Termination as a Readily Available Remedy (b) The Modern Trend to Restrain the Scope of Termination Comparative Sales Law (c) The Instruments for Restraining Termination as a Remedy Comparative Sales Law Comparative Sales Law Comparative Sales Law IV. Conclusion Bibliography Comparative Sales Law Notes: Comparative Sales Law Comparative Sales Law Comparative Sales Law Comparative Sales Law Comparative Sales Law Comparative Sales Law Comparative Sales Law Comparative Sales Law Unjustified Enrichment in Comparative Perspective Abstract and Keywords Daniel Visser Edited by Mathias Reimann and Reinhard Zimmermann Unjustified Enrichment in Comparative Perspective (p. 962) I. Introduction: Dynamic Doctrine Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective II. The Anatomy of Difference Unjustified Enrichment in Comparative Perspective III. Finding the Core: What is Enrichment Liability About? Unjustified Enrichment in Comparative Perspective (p. 969) 1. What Work Does Enrichment Liability Do? (a) Is the Reversal of an Unowed Payment about Unjustified Enrichment? Unjustified Enrichment in Comparative Perspective (b) Is the Disgorgement of Benefits Improperly Obtained by the Act of the Defendant about Unjustified Enrichment? Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective (p. 975) (c) Is the Winding Up of Failed Contracts about Unjustified Enrichment? Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective (d) Is Obtruding a Benefit on Another about Unjustified Enrichment? Unjustified Enrichment in Comparative Perspective (e) Is Subrogation about Unjustified Enrichment? Unjustified Enrichment in Comparative Perspective 2. How Enrichment Liability is Given Effect: The Remedies and the Measurement of Enrichment (a) The Remedies: Personal versus Proprietary Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective (p. 984) (b) Measuring Enrichment: Value Received versus Value Remaining Unjustified Enrichment in Comparative Perspective (p. 985) IV. Can Taxonomies Survive the Uncertainties of Multi-Party Enrichment? Unjustified Enrichment in Comparative Perspective V. Drawing It All Together: Which Taxonomy? Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective VI. Conclusion Bibliography Unjustified Enrichment in Comparative Perspective Notes: Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Unjustified Enrichment in Comparative Perspective Comparative Tort Law Abstract and Keywords Gerhard Wagner Edited by Mathias Reimann and Reinhard Zimmermann Comparative Tort Law I. Introduction Comparative Tort Law II. Ends and Methods of Tort Law Comparative Tort Law Comparative Tort Law III. General Clause v Variety of Individual Torts 1. A Fundamental Difference in Style Comparative Tort Law 2. Common Developments (a) Roman Roots (p. 1000) (b) The General Clause of the Continent Comparative Tort Law (c) From Trespass to Negligence Comparative Tort Law (p. 1002) 3. The Relationship between Criminal Law and Tort (a) Continued Fragmentation of Criminal Law (b) Criminal Law as a Blueprint for the Law of Delict? Comparative Tort Law (c) Conclusion Comparative Tort Law IV. Scope of Protection 1. The Problem Defined 2. Protected Interests v General Clause Comparative Tort Law Comparative Tort Law 3. Pure Economic Loss (a) Restrictions on the Liability for Pure Economic Loss Employed by French Law Comparative Tort Law (b) Expansions of Liability for Pure Economic Loss in German and Anglo-American Law Comparative Tort Law Comparative Tort Law (c) Conclusion 4. Dignitary Injuries Comparative Tort Law Comparative Tort Law V. Liability for Fault 1. Liability for Moral Wrongdoing or Attribution of Risks? Comparative Tort Law 2. Theory: The Dominance of the Objective Standard of Care Comparative Tort Law 3. Reality: An Array of Mixed Systems Comparative Tort Law Comparative Tort Law 4. The Substantive Issue Comparative Tort Law VI. Strict Liability 1. Historical Origins 2. The Diversity of Modern Law (a) German Law Comparative Tort Law (b) England (p. 1021) (c) The Development in the United States Comparative Tort Law (d) French Law Comparative Tort Law 3. Conclusions and Perspectives Comparative Tort Law VII. Tort Law and Insurance 1. Strict Liability and Liability Insurance Working in Tandem 2. Social Insurance Schemes Comparative Tort Law 3. Coordination of Tort Law with Social Security Systems VIII. No-Fault Schemes as Alternatives to Tort Liability Comparative Tort Law Comparative Tort Law IX. The Challenge of Digitalization Comparative Tort Law Comparative Tort Law Bibliography Notes: Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Tort Law Comparative Property Law Abstract and Keywords Sjef Van Erp Edited by Mathias Reimann and Reinhard Zimmermann Comparative Property Law (p. 1032) I. Introduction Comparative Property Law Comparative Property Law Comparative Property Law II. A View on the Future of Comparative Property Law Comparative Property Law Comparative Property Law Comparative Property Law III. Property Law in Civilian Systems and in the Common Law: A Traditional Static Comparative Analysis 1. Civil Law (a) Personal versus Real Rights Comparative Property Law Comparative Property Law (p. 1042) (b) Numerus Clausus of Absolute Rights Comparative Property Law Comparative Property Law (c) Is the Civil Law as Dogmatic as it Seems? Comparative Property Law 2. Common Law (a) Feudal Remnants: The Concepts of Tenure and Estate Comparative Property Law Comparative Property Law (b) Personal Rights versus Real Rights (c) Common Law and Equity Comparative Property Law (p. 1048) 3. Common Elements: Hierarchy, Transparency Requirements, Transfer Systems Comparative Property Law 4. An Example of a More Static Comparison: The Numerus Clausus Debate in American Legal Literature Comparative Property Law IV. Civil and Common Property Law: A Dynamic Analysis Comparative Property Law Comparative Property Law Comparative Property Law (p. 1054) V. The Osmosis of National, Regional, and Global Property Law Comparative Property Law Comparative Property Law VI. Final Remarks Comparative Property Law Bibliography Comparative Property Law Notes: Comparative Property Law Comparative Property Law Comparative Property Law Comparative Property Law Comparative Property Law Comparative Property Law Comparative Property Law Comparative Succession Law Abstract and Keywords Marius J. De Waal Edited by Mathias Reimann and Reinhard Zimmermann Comparative Succession Law (p. 1059) I. Introduction Comparative Succession Law Comparative Succession Law Comparative Succession Law II. Comparative Research and the Harmonization of the Law of Succession 1. The Scope for Harmonization in the Context of the Law of Succession: The Traditional View 2. The Traditional View Challenged Comparative Succession Law 3. Social Factors Influencing the Law of Succession25 Comparative Succession Law Comparative Succession Law 4. Economic Factors Influencing the Law of Succession35 Comparative Succession Law Comparative Succession Law III. Private International Law (Conflict of Laws) and Comparative Research in the Law of Succession 1. The Typical Problems 2. Important Public International Law Instruments Comparative Succession Law Comparative Succession Law 3. The Role of Comparative Scholarship Comparative Succession Law Comparative Succession Law (p. 1073) IV. Freedom of Testation and the Limitations Placed on it 1. The Principle of Freedom of Testation 2. The Identification of Patterns: The Role of Comparative Research Comparative Succession Law Comparative Succession Law 3. Other Focus Areas V. The Contents of Wills: The Example of the Trust 1. Introduction Comparative Succession Law (p. 1077) 2. The Trust as a Unique Institution of the Common Law? Comparative Succession Law 3. The Trust in Civilian and Mixed Jurisdictions Comparative Succession Law 4. Trust-Like Institutions in Continental Europe Comparative Succession Law Comparative Succession Law VI. The Transfer of the Estate upon Death 1. Introduction (p. 1083) 2. Categorization Comparative Succession Law (p. 1084) 3. The Role of the Executor, or Representative Comparative Succession Law VII. Concluding Remarks Comparative Succession Law Comparative Succession Law Bibliography Comparative Succession Law Notes: Comparative Succession Law Comparative Succession Law Comparative Succession Law Comparative Succession Law Comparative Succession Law Comparative Succession Law Comparative Succession Law Comparative Succession Law Comparative Succession Law Comparative Succession Law Comparative Succession Law Comparative Family Law Abstract and Keywords Jens M. Scherpe Edited by Mathias Reimann and Reinhard Zimmermann Comparative Family Law (p. 1089) I. Can Family Law be Usefully Compared in a Constantly Changing World? Comparative Family Law Comparative Family Law II. What Has Been Done, What is Being Done, Who is Doing it? Comparative Family Law Comparative Family Law III.‘Organic’ and ‘Institutional’ Harmonization Comparative Family Law Comparative Family Law IV. The ‘Great Debates’ and Future Challenges 1. Horizontal Family Law (a) Marriage, Divorce, and Property Division Comparative Family Law Comparative Family Law Comparative Family Law (b) Registered Partnerships—Recognition of Formalized Relationships Comparative Family Law (c) Cohabitation/De Facto Relationships—Recognition of Informal Relationships (p. 1102) 2. Vertical Family Law Comparative Family Law (a) Parentage: Paternity, Maternity, and … ? (b) Parenthood—The Legal Parent(s) Comparative Family Law (c) Parental Responsibility—Recognizing Parenting Comparative Family Law 3. Individual Family Law Comparative Family Law V. Looking Forward: From Form to Function Comparative Family Law Bibliography Comparative Family Law Notes: Comparative Family Law Comparative Family Law Comparative Family Law Comparative Family Law Comparative Family Law Comparative Family Law Comparative Family Law Comparative Family Law Comparative Family Law Comparative Family Law Comparative Labour Law Abstract and Keywords Matthew W. Finkin Edited by Mathias Reimann and Reinhard Zimmermann Comparative Labour Law (p. 1111) I. Introduction 1. Labour as a Legal Category Comparative Labour Law Comparative Labour Law 2. Labour Law as a Subject of Academic Instruction Comparative Labour Law Comparative Labour Law II. Comparative Labour Law: A Taxonomy Comparative Labour Law 1. The Descriptive Comparative Labour Law 2. The Predictive 3. The Purposive Comparative Labour Law 4. The Multidimensional Comparative Labour Law III. The Role of Comparative Labour Law in National Law (p. 1122) 1. From Industrialization to the Aftermath of the Second World War44 Comparative Labour Law Comparative Labour Law Comparative Labour Law Comparative Labour Law 2. The European Project Comparative Labour Law 3. The Wake of Globalization Comparative Labour Law (p. 1129) IV. The Role of Comparative Law in Labour Law’s Contemporary Quandary Comparative Labour Law 1. Flexibilization and Deregulation Comparative Labour Law 2. Decollectivization Comparative Labour Law Comparative Labour Law 3. Demographic Change 4. Technological Change 5. Global Pressure on State Capacity Comparative Labour Law V. The Future of Comparative Labour Law—in Hindsight Comparative Labour Law Bibliography Comparative Labour Law Notes: Comparative Labour Law Comparative Labour Law Comparative Labour Law Comparative Labour Law Comparative Labour Law Comparative Labour Law Comparative Labour Law Comparative Labour Law Comparative Labour Law Comparative Company Law Abstract and Keywords Klaus J. Hopt Edited by Mathias Reimann and Reinhard Zimmermann Comparative Company Law I. Introduction Comparative Company Law II. Company Law and Comparative Law: Traditional and Modern Contacts 1. Some Remarks on the Development of Modern Company Law in Various Countries (a) The Rise of the Modern Company Comparative Company Law Comparative Company Law (b) The Need For, and the Modern Development of, Company Law Comparative Company Law 2. Looking across the Border in Company Law: Legislators, Lawyers, Academics, Judges, and Regulators (a) Legislators Comparative Company Law (b) Lawyers and Legal Counsel Comparative Company Law (c) Academia Comparative Company Law (d) Courts and Regulators Comparative Company Law 3. Harmonization of Company Law in the European Union Comparative Company Law (a) A Glance at the Development of European Company Law Comparative Company Law (b) European Law of Groups, Forum Europaeum Konzernrecht, and Later Academic Harmonization Efforts Comparative Company Law (c) The Company Law Action Plan of the European Commission and Further Developments Comparative Company Law Comparative Company Law III. Company Law, Comparative Law, and Beyond 1. Company Law, Capital Market and Banking Law, and Comparative Law (a) The Origins of Investor Protection in US Company Law and Securities Regulation Comparative Company Law (b) The Global Advance of US Securities Regulation and its Impact on Company and Capital Market Law around the World Comparative Company Law Comparative Company Law (c) The Emergence of a Separate Bank Company Law after the Financial Crisis Comparative Company Law 2. Company Law and Company Self-Regulation: The International Code Movement (a) Cadbury and its Followers Abroad Comparative Company Law (b) The Pros and Cons of Company Self-Regulation from a Comparative Perspective Comparative Company Law (p. 1161) 3. Comparative Company Law and Economics Comparative Company Law IV. Perspectives for Future Research 1. Core Comparative Company Law Comparative Company Law 2. Comparative Company Law and Beyond Comparative Company Law Comparative Company Law Bibliography Comparative Company Law Notes: Comparative Company Law Comparative Company Law Comparative Company Law Comparative Company Law Comparative Company Law Comparative Company Law Comparative Company Law Comparative Company Law Comparative Company Law Comparative Company Law Comparative Company Law Comparative Company Law Comparative Competition Law Abstract and Keywords David J. Gerber Edited by Mathias Reimann and Reinhard Zimmermann Comparative Competition Law Comparative Competition Law I. Comparative Competition Law Scholarship—The Boundaries Comparative Competition Law II. Comparative Competition Law: A Global View 1. Shared Influences on Competition Law Scholarship Comparative Competition Law Comparative Competition Law 2. Lines of Separation: The Pieces and the Whole III. Comparative Competition Law Scholarship in the US Comparative Competition Law 1. Form and Content Comparative Competition Law 2. The Leadership Perspective Comparative Competition Law 3. Internal Dynamics: Shaping Factors Comparative Competition Law Comparative Competition Law IV. Comparative Competition Law Scholarship Outside the US 1. Using US Antitrust Law Comparative Competition Law Comparative Competition Law Comparative Competition Law 2. Patterns and Influences in Non-US Comparative Competition Law Comparative Competition Law (p. 1181) 3. Europe (a) The Evolution of Competition Law in Europe Comparative Competition Law Comparative Competition Law (b) EU-Level Comparisons (c) National Level Comparative Writing Comparative Competition Law 4. Asia Comparative Competition Law Comparative Competition Law 5. Latin America 6. Africa and Other Emerging Markets Comparative Competition Law 7. International Organizations (p. 1187) V. Potential Roles for Comparative Competition Law Scholarship Comparative Competition Law 1. Responding to New Contexts Comparative Competition Law 2. Enriching the Comparative Competition Law Agenda (a) Breadth and Depth (b) Interaction across Difference Comparative Competition Law 3. Fashioning the Tools Comparative Competition Law VI. Concluding Comments Comparative Competition Law Bibliography Comparative Competition Law Notes: Comparative Competition Law Comparative Constitutional Law Abstract and Keywords Mark Tushnet Edited by Mathias Reimann and Reinhard Zimmermann Comparative Constitutional Law (p. 1194) I. Introduction: The Evolution of the Field of Comparative Constitutional Law Comparative Constitutional Law Comparative Constitutional Law II. Comparative Constitutional Law and Politics Comparative Constitutional Law III. Constitutionalism, International Human Rights, and Constitutional Law Comparative Constitutional Law Comparative Constitutional Law Comparative Constitutional Law IV. Constitutional Foundings and Transformations Comparative Constitutional Law Comparative Constitutional Law Comparative Constitutional Law Comparative Constitutional Law Comparative Constitutional Law V. Constitutional Structures Comparative Constitutional Law 1. Constitutional ‘Branches’ 2. Emergency Powers Comparative Constitutional Law Comparative Constitutional Law VI. Structures of Judicial Review 1. Diffuse, Generalist, Strong-Form Review: The United States Comparative Constitutional Law Comparative Constitutional Law 2. Centralized and Specialized Review: The Kelsenian Constitutional Court Comparative Constitutional Law 3. Weak-Form Judicial Review Comparative Constitutional Law Comparative Constitutional Law 4. Political Constitutionalism 5. Adjudicatory Procedures Comparative Constitutional Law VII. Generic Constitutional Law Comparative Constitutional Law (p. 1215) 1. The Justifications for Proportionality Analysis in Constitutional Law Comparative Constitutional Law Comparative Constitutional Law (p. 1217) 2. The Issue of Horizontal Effect Comparative Constitutional Law VIII. Comparative Constitutional Law and National Identity Comparative Constitutional Law Comparative Constitutional Law IX. Conclusion Comparative Constitutional Law Bibliography Comparative Constitutional Law Notes: Comparative Constitutional Law Comparative Constitutional Law Comparative Law and Human Rights Abstract and Keywords Samantha Besson Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and Human Rights (p. 1223) I. Introduction Comparative Law and Human Rights II. The Boundaries of Comparative Human Rights Law (p. 1225) 1. Notion Comparative Law and Human Rights Comparative Law and Human Rights 2. Origins Comparative Law and Human Rights 3. Distinctions Comparative Law and Human Rights Comparative Law and Human Rights Comparative Law and Human Rights III. The Methods of Comparative Human Rights Law 1. Comparative Human Rights Law and the Transnational Consensus Method Comparative Law and Human Rights 2. Comparative Human Rights Law and the General Methods of Comparative Law Comparative Law and Human Rights IV. The Legitimate Authority of Comparative Human Rights Law 1. The Authority of Comparative Human Rights Law Comparative Law and Human Rights 2. The Justifications for the Authority of Comparative Human Rights Law Comparative Law and Human Rights (a) The Justified Authority of Transnational Human Rights Law Comparative Law and Human Rights Comparative Law and Human Rights (b) The Justified Authority of Human Rights Comparison Comparative Law and Human Rights Comparative Law and Human Rights Comparative Law and Human Rights 3. The Democratic Objection to the Legitimacy of Comparative Human Rights Law Comparative Law and Human Rights Comparative Law and Human Rights (p. 1243) V. Selected Issues in Comparative Human Rights Law 1. Methods: Quantitative Studies in Comparative Human Rights Law Comparative Law and Human Rights Comparative Law and Human Rights 2. Scope: Regions in Comparative Human Rights Law Comparative Law and Human Rights 3. Actors: Universal Human Rights Bodies and Comparative Human Rights Law Comparative Law and Human Rights Comparative Law and Human Rights VI. Conclusion Comparative Law and Human Rights Bibliography Comparative Law and Human Rights Notes: Comparative Law and Human Rights Comparative Law and Human Rights Comparative Law and Human Rights Comparative Law and Human Rights Comparative Law and Human Rights Comparative Law and Human Rights Comparative Law and Human Rights Comparative Law and Human Rights Comparative Administrative Law Abstract and Keywords John S. Bell Edited by Mathias Reimann and Reinhard Zimmermann Comparative Administrative Law Comparative Administrative Law (p. 1252) I. The Scope of the Subject 1. Definition of ‘Administrative Law’ 2. Public Law and Private Law Comparative Administrative Law Comparative Administrative Law 3. Administrative Law and Public Administration (p. 1255) 4. With Which Systems is Comparison Useful? Comparative Administrative Law (a) Comparison within Ideological Communities (b) Comparison within Legal Families Comparative Administrative Law Comparative Administrative Law (c) Transnational Trends and Comparative Law Comparative Administrative Law Comparative Administrative Law (d) Comparative Empirical Research Comparative Administrative Law Comparative Administrative Law (p. 1262) II. The Values Served by Administrative Law 1. Constitutional Values and Fundamental Rights (a) Rule of Law Comparative Administrative Law (b) Fundamental Rights 2. Standards of Good Administration Comparative Administrative Law III. Comparing the Powers, Organizations, and Procedures of the Administration 1. Powers of the Administration Comparative Administrative Law 2. Comparison of Administrative Organizations Comparative Administrative Law 3. Comparison of Administrative Procedures Comparative Administrative Law IV. Comparing Legal Redress 1. Comparison of Administrative Adjudication Comparative Administrative Law Comparative Administrative Law 2. The Grounds of Judicial Review Comparative Administrative Law 3. The Liability of the Administration Comparative Administrative Law Comparative Administrative Law V. Influences Shaping Administrative Law 1. Legislators, Professors, and Judges Comparative Administrative Law 2. Trends in Law and Trends in Public Administration Bibliography Comparative Administrative Law Notes: Comparative Administrative Law Comparative Administrative Law Comparative Administrative Law Comparative Administrative Law Comparative Administrative Law Comparative Administrative Law Comparative Criminal Law Abstract and Keywords Markus D. Dubber Edited by Mathias Reimann and Reinhard Zimmermann Comparative Criminal Law (p. 1277) I. Criminal Law’s Parochialism Comparative Criminal Law Comparative Criminal Law (p. 1280) II. Histories and Functions of Comparative Criminal Law Comparative Criminal Law 1. P. J. A. Feuerbach: A Good Place to Start Comparative Criminal Law Comparative Criminal Law Comparative Criminal Law 2. Two Modes of Comparative Criminal Law (a) The View from Above Comparative Criminal Law Comparative Criminal Law (b) Muddling Through Comparative Criminal Law 3. Domesticating Comparative Criminal Law Comparative Criminal Law Comparative Criminal Law 4. Foreign Law as Comparative Criminal Law Comparative Criminal Law Comparative Criminal Law 5. Toward a General Theory of Criminal Law Comparative Criminal Law Comparative Criminal Law 6. International Criminal Law III. Selected Topics in Comparative Criminal Law Comparative Criminal Law 1. General Part (a) Punishment Theory Comparative Criminal Law (b) Victims (c) Jurisdiction Comparative Criminal Law Comparative Criminal Law (d) Analysis of Criminal Liability Comparative Criminal Law (p. 1300) (e) General Principles of Criminal Liability Comparative Criminal Law Comparative Criminal Law 2. Special Part Comparative Criminal Law Comparative Criminal Law (p. 1304) IV. Comparative Criminal Law in Context Bibliography Comparative Criminal Law Notes: Comparative Criminal Law Comparative Criminal Law Comparative Criminal Law Comparative Criminal Law Comparative Criminal Law Comparative Criminal Law Comparative Criminal Law Comparative Criminal Law Comparative Criminal Law Comparative Civil Procedure Abstract and Keywords Joachim Zekoll Edited by Mathias Reimann and Reinhard Zimmermann Comparative Civil Procedure I. Introduction Comparative Civil Procedure II. Taking Stock—Legal Procedural Families and Other Attempts to Categorize 1. Traditional Labels Comparative Civil Procedure Comparative Civil Procedure (p. 1310) 2. Damaska’s Categories Comparative Civil Procedure Comparative Civil Procedure 3. The Special Status of American Law Comparative Civil Procedure III. Harmonization Comparative Civil Procedure 1. Harmonization of Procedural Law in the European Union (a) Domestic Law for Intra-state Disputes in Europe Comparative Civil Procedure Comparative Civil Procedure (b) Unified Rules for Cross-Border Litigation in Europe Comparative Civil Procedure Comparative Civil Procedure 2. Supra-regional Harmonization of Procedural Law Comparative Civil Procedure (a) The Hague Judgment Project Comparative Civil Procedure (b) The American Law Institute’s Judgment Recognition Initiative Comparative Civil Procedure (c) The Joint ALI/UNIDROIT Project Comparative Civil Procedure Comparative Civil Procedure (d) Procedural Harmonization through International Arbitration Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure 3. Some Principles Regarding the Scope of and Limits to Procedural Harmonization Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure IV. Access to Justice 1. Financing Litigation Comparative Civil Procedure 2. Mass Claims Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure Bibliography Comparative Civil Procedure Notes: Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure Comparative Civil Procedure Comparative Law And Private International Law Abstract and Keywords Mathias Reimann Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law And Private International Law I. An Intimate Relationship Comparative Law And Private International Law II. Traditional Interactions Comparative Law And Private International Law 1. Comparative Law as a Method of Study: Comparing Conflicts Regimes (a) The Development of the Field Comparative Law And Private International Law Comparative Law And Private International Law (b) A Regional Survey Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law (c) Fundamental Issues Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law 2. Comparative Law as a Foundation: Assisting the Making of Conflicts Law (a) The International Unification of Conflicts Law56 Comparative Law And Private International Law (b) Modern Conflicts Legislation Comparative Law And Private International Law 3. Comparative Law as a Tool: Operating Conflicts Norms (a) Information about Foreign Law Comparative Law And Private International Law Comparative Law And Private International Law (b) Specific Comparative Analysis Comparative Law And Private International Law (p. 1359) (c) The Construction of Routine Conflicts Norms Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law (d) The Interpretation of International Conventions III. The Emergence of Supra- and International Legal Orders Comparative Law And Private International Law 1. The Europeanization of Private International Law (a) From Cooperation to Command (b) The Changing Role of Comparative Law Comparative Law And Private International Law 2. The Rise of International Legal Orders (a) The Impact of Fundamental Rights Norms Comparative Law And Private International Law Comparative Law And Private International Law (p. 1368) (b) The Need for Coordination and Cooperation Comparative Law And Private International Law IV. Concluding Remarks Bibliography Comparative Law And Private International Law Notes: Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law Comparative Law And Private International Law (p. 1371) Index (p. 1371) Index Edited by Mathias Reimann and Reinhard Zimmermann (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index (p. 1371) Index