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Zusatztext The author provides a glowing insight, penetrative and sometimes caustic characterisation of some of the specialists of comparative law and their agendas Informationen zum Autor Sir Basil Markesinis,QC, LL.D. (Cantab.) DCL (Oxon) D. Iur h.c. (Ghent, Paris I (Sorbonne) and Munich), is Professor of Common and Civil Law at University College London and Jamail Regents Chair at the University of Texas at Austin. Klappentext This book presents an original, deliberately controversial and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century: its weaknesses, its strengths, and its protagonists (most of whom were personally known to the author). It is also a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticize the impact the long association with Roman law has had on the orientation and well-being of his subject. With equal force, he also warns against some modern trends linking it with variations of the critical legal studies movement, and urges the study of foreign law in a way that can make it more attractive to practitioners and more usable by judges. Zusammenfassung This is an original, deliberately controversial and disturbing appraisal of the state of comparative law at the beginning of the 21st century. Inhaltsverzeichnis AbbreviationsTable of Cases1. Reflections on the State of Comparative Law I: The Twilight of the Heroes1. Of Ghettoes and Smart Neighbourhoods2. Decline2. Reflections on the State of Comparative Law II: The Death of Heroes and the Era of Societal Needs1. The Emergence of a Strategy2. The Rabel Method Over Time3. Functional Specificity: More of the Same Medicine4. Old (Bad) Habits and New (Silly) Threats5. From Heroes to Movements of Contemporary Globalisation3. Spreading the Gospel (and the Name of the Evangelist)1. Aims to be Pursued2. Warnings and Caveats3. Some Raw Data4. Drawing the First Lessons5. The Situation in Germany6. The Case of South Africa7. A Postscript4. Foreign Law Inspiring National Law: Lessons from Greatorex v Greatorex1. The Theory Put into Practice2. The German Model3. The Application of the German Idea to Greatorex4. Unresolved Questions5. The American Dimension6. Some Tentative Conclusions5. The Focused Approach in Public Law1. Introduction2. A Study in Parallel3. The Reasoning of the Courts4. In Search of a Rapprochement5. Wider Conclusions6. Reflecting on the Future: An EpilogueAppendix 1: Correspondence Between Lord Atkin and Professor H C GutteridgeAppendix 2: The German ApproachAppendix 3: Databases SearchedIndex...
Inhaltsverzeichnis
Abbreviations
Table of Cases
1. Reflections on the State of Comparative Law I: The Twilight of the Heroes
1. Of Ghettoes and Smart Neighbourhoods
2. Decline
2. Reflections on the State of Comparative Law II: The Death of Heroes and the Era of Societal Needs
1. The Emergence of a Strategy
2. The Rabel Method Over Time
3. Functional Specificity: More of the Same Medicine
4. Old (Bad) Habits and New (Silly) Threats
5. From Heroes to Movements of Contemporary Globalisation
3. Spreading the Gospel (and the Name of the Evangelist)
1. Aims to be Pursued
2. Warnings and Caveats
3. Some Raw Data
4. Drawing the First Lessons
5. The Situation in Germany
6. The Case of South Africa
7. A Postscript
4. Foreign Law Inspiring National Law: Lessons from Greatorex v Greatorex
1. The Theory Put into Practice
2. The German Model
3. The Application of the German Idea to Greatorex
4. Unresolved Questions
5. The American Dimension
6. Some Tentative Conclusions
5. The Focused Approach in Public Law
1. Introduction
2. A Study in Parallel
3. The Reasoning of the Courts
4. In Search of a Rapprochement
5. Wider Conclusions
6. Reflecting on the Future: An Epilogue
Appendix 1: Correspondence Between Lord Atkin and Professor H C Gutteridge
Appendix 2: The German Approach
Appendix 3: Databases Searched
Index
