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详细
This book presents a fresh contextualised and cosmopolitan perspective on comparative law for both students and scholars. It critically discusses established approaches to comparative law, but also presents more modern ones, such as socio-legal and numerical comparative law. Its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law.
• Treatment of both traditional and modern methods of comparative law.
• Practical examples to illustrate how the subject can be applied
• Examples from various legal systems give global perspective
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1. Introduction
Part I. Traditional Comparative Law:
2. The comparative legal method
3. Common law and civil law
4. Mapping the world's legal systems
Part II. Extending the Methods of Comparative Law:
5. Postmodern comparative law
6. Socio-legal comparative law
7. Numerical comparative law
Part III. Global Comparative Law:
8. Legal transplants
9. Fading state borders
10. Comparative law and development
Part IV. Comparative Law as an Open Subject:
11. Implicit comparative law
12. Outlook.
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Mathias Siems
University of Durham
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'Comparative law has transformed into a challenging and interdisciplinary field with a long intellectual history. Mathias Siems' welcomed addition to the field offers a stimulating and thoughtful introduction to a new kind of comparative law which is contextualised and cosmopolitan as to its nature. The book offers an insightful overview of key issues arising in the comparative study of law today. Siems skilfully deals with established approaches, but also provides cutting-edge views to socio-legal and statistical approaches as well as providing examples from politics, economics and development studies. The work by Siems is a concise synthesis and it is bound to enlighten and provoke its readers. This well-composed book makes wonderful reading for both students and scholars.' Jaakko Husa, University of Lapland
'A thoroughly researched and clearly written book, which sums up the many developments comparative law has taken since 1971 when Zweigert and Kötz became the authoritative textbook. Siems explains how cultural turn, discourse analysis, socio-legal studies, economic or numerical analysis of the law, or the dynamics of regionalisation and globalisation are shaping comparative law today, and predicts that 'implicit comparative law' will increasingly be affected by comparisons in other social sciences with an interest in law. With many illustrations, diagrams and examples, Siems presents a reader-friendly account of the past and present, and a vision of the future of comparative law.' Gerhard Dannemann, Humboldt University of Berlin
'Siems provides a modern, interdisciplinary approach to comparative law. For him, comparative law involves more than examining similarities and differences in legal rules and outcomes. Examining comparative research over the last 40 years, he gives a critical analysis of what comparative study can achieve and suggests a sophisticated range of methods in which it can be undertaken. Refreshingly clear in its style, this book challenges comparative lawyers to play a central part in understanding the place of law in contemporary, complex and interconnected societies. It is an ideal starting point for anyone considering research in comparative law.' John Bell, University of Cambridge
