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Comparative legal history

Author: Olivier Moréteau; et al
Publisher: Cheltenham : E. Elgar, 2019
Series: Research handbooks in comparative law
Edition/Format:   Print book : EnglishView all editions and formats

Is comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? Comprehensive in coverage, this handbook collates theory and method for comparative legal  Read more...


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Genre/Form: [Études comparatives]
[Études diverses]
Document Type: Book
All Authors / Contributors: Olivier Moréteau; et al
ISBN: 9781781955215 1781955212
OCLC Number: 1033856146
Description: 497 p.
Contents: Contents:List of contributorsAcknowledgmentsThe emergence of comparative legal history Aniceto Masferrer, Kjell A. Modeer and Olivier MoreteauPART I Theory and Methods1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60 Adolfo Giuliani 2. Comparative? Legal? History? Crossing BoundariesSean Patrick Donlan 3. Methodological perspectives in comparative legal history: an analytical approachDag Michalsen 4. Comparative legal history: methodology for morphologyMatthew Dyson PART II LEGAL SOURCES5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of lawJacques Vanderlinden6. Convergence and the colonization of custom in pre-modern EuropeEmily Kadens 7. Custom as a source of law in European and East Asian legal historyMarie Seong-Hak Kim 8. The ius commune as the 'ratio scripta' in the civil law tradition: a comparative approach to the Spanish caseAniceto Masferrer and Juan A. Obarrio 9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison Dolores Freda PART III LEGAL INSTITUTIONS10. The triumph of judicial review: the evolution of post-revolutionary legal thoughtJean-Louis Halperin 11. Killing the vampire of human culture: Slavery as a problem in international law Paul Finkelman and Seymour Drescher12. Continental European superior courts and procedure in civil actions (11th-19th centuries)C.H. (Remco) van Rhee 13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did common law manage without a concept of ownership? Why Roman law did notAnna Taitslin14. The common law and the Code civil: the curious case of the law of contractWarren Swain 15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945-2000, a comparative sketchKjell A. Modeer PART IV CODIFICATION16. Unification and codification in today's European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing eventsDirk Heirbaut 17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisionsAgustin Parise 18. Why was private law not codified in Sweden and Finland?Heikki Pihlajamaki Index
Series Title: Research handbooks in comparative law
Responsibility: ed. by Olivier Moréteau ... [et al.].


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'Comparative Legal History offers important and useful lenses in this process of understanding law in all its "socio-political colors".' -- Razvan Cosmin Roghina, Romanian Journal of Comparative Law

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