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A Cosmopolitan Jurisprudence: Essays in Memory of H. Patrick Glenn

A Cosmopolitan Jurisprudence: Essays in Memory of H. Patrick Glenn

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781108841726
  • 出版时间 December 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781108795258
¥1,222.00
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  • 描述 
  • 大纲 
  • 详细

    H. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.

  • Introduction: Where the 'Real Action' Is: From Comparative Law to Cosmopolitan Jurisprudence
    Part I. The Tradition of 'Comparative Law': Context, History, Promise:
    1. How to Do Comparative Law: Some Lessons to Be Learned
    Mauro Bussani
    2. The 'Comparative Method' at the Roots of Comparative Law
    Giorgio Resta
    3. The Value of Micro-Comparison
    John Bell
    4. Sociocultural Challenges for Comparative Legal Studies in Mixed Legal Systems
    Esin Örücü
    5. Breaking Barriers in Comparative Law
    Michele Graziadei
    Part II. The Concept of Tradition: Potential and Challenges:
    6. Too Much Information
    Martin Krygier
    7. Legal Systems as Legal Traditions
    Catherine Valcke
    8. Learning from Patrick Glenn: Tradition, Change, and Innovation
    David Nelken
    9. The Sunni Legal Tradition: An Overview of Pluralism, Formalism, and Reform
    Ahmed Fekry Ibrahim
    10. Commensurability, Comparative Law, and Confucian Legal Tradition
    Marie Seong-Hak Kim
    Part III. Crossing Boundaries: Cultural Transfer, Legal Cosmopolitanism, and the Dissolution of the State:
    11. The School of Salamanca: A Common Law?
    Thomas Duve
    12. The Un-Common Law
    Vivian Grosswald Curran
    13. The Fabric of Normative Translation in Law
    Ko Hasegawa
    14. Statehood as Process: The Modern State Between Closure and Openness
    Gunnar Folke Schuppert
    15. Cosmopolitan Attachments
    Neil Walker

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