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The Grand Strategy of Comparative Law: Themes, Methods, Developments

The Grand Strategy of Comparative Law: Themes, Methods, Developments

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032443911
  • 出版时间 April 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: AU$356.25

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  • 描述 
  • 大纲 
  • 详细

    This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri.

    Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice.

    Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.

  • Foreword: A Note in Honour of Pier Giuseppe Monateri
    Guido Calabresi
    Introduction: Essays in Honour of Pier Giuseppe Monateri
    Luca Siliquini-Cinelli

    Part I – Comparative Law and Its Methods
    1. Has Comparative Law Progressed?
    Geoffrey Samuel
    2. Comparative Law and Its Methods: Pier Giuseppe Monateri’s Dominus Mundi between Neoliberal Globalism and Authoritarian Liberalism
    Luca Siliquini-Cinelli
    3. Comparative Law Method and the Legal Formants as Catalysts of Normative Realities
    Elena Ioriatti
    4. The Comparatist and Plato’s Cave
    Jaakko Husa
    5. Why and How Courts Use Comparative Law
    Mads Andenas, Duncan Fairgrieve, and Francesco Quarta
    6. The Enigma of Law: Looking at Comparative Law through the Lenses of Legal Anthropology
    Mauro Balestrieri

    Part II - Comparative Private Law
    7. Damages for Breach of Contract: The Legacy of Conceptualism
    James Gordley
    8. Deconstructing NFTs as Decentralised Digital Property
    Massimiliano Granieri and Roberto Pardolesi
    9. From the Mud Contract to the Crystal Contract: The Role of Good Faith in the Latin American Law of Contract
    Leysser León Hilario
    10. Paradigms and Operational Rules in Contract Law: ‘Theological Consensualism’ and the Theory of a ‘Juridical Theology’ Applied to the Consent Principle
    Davide Gianti
    11. Personal Injury in Peru: The Influence of Pier Giuseppe Monateri’s Contribution
    Carlos Antonio Agurto Gonzáles and Juan Jesús Pablo Abanto

    Part III - Law and Literature
    12. Ars Justitiae: Vives and Vico on Law and Humanist Education
    Jeanne Gaakeer
    13. Beckett’s Weather Report
    Pierre Legrand
    14. From Shakespeare’s Othello to Alex Garland’s Ex Machina: The Technique of Suspicion
    Daniela Carpi
    15. ‘Set’
    Gary Watt

    Part IV - The Politics and Ontology of Law
    16. If Black Gaius Were a Woman: Ontology, Desire and Denial in Law
    Kimberley Brayson
    17. Alterity on the Terms of the Law: For an Ontology of the In-Between
    Horatia Muir Watt
    18. A Purely Western Tradition. The 100th Anniversary of the Orientalisation Debate
    Tomasz Giaro
    19. Approximation and Harmonisation of Private Law in Europe—Reflections from the Viewpoint of Comparative Law
    Gábor Hamza

    Part V - Comparative Law and Economics
    20. Liability or No Liability? Promoting Safety by Shifting Accident Losses onto Third Parties
    Francesco Parisi
    21. The Sustainability of Civil Liability Rules
    Giulio Ponzanelli

    Afterword: A Note of Thanks
    Pier Giuseppe Monateri

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