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Comparative Law in a Changing World - Peter de Cruz

Comparative Law in a Changing World


Published: 6th September 2007
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This book provides a comprehensive and comparative analysis of the legal approach to common areas of substantive law, the law of obligations, commercial and corporate law within the major legal systems of the world. It examines the origins of common law, civil law and socialist legal traditions as well as non-Western legal traditions. It also provides a blueprint for comparative study, a broad historical introduction and a selective overview of the law governing key topics which have presented similar problems in different legal systems. The analysis of substantive law focuses on France and Germany as the archetypal civil law jurisdictions, and English law as the main common law comparator. The text of the third edition has been updated and revised to take account of recent legal developments particularly in the European Union and in the Russian Federation, in the post-Soviet Union era. It also assesses the impact of the globalisation of legal institutions and the evolving 'new world order' in the early 21st century. Comparative Law in a Changing World provides an accessible source of reference for researchers wishing to obtain a user friendly approach to comparative legal studies. It is also designed as a course text for undergraduates and for postgraduates wishing to trace the influence of common law and civil law legal traditions on jurisdictions across the world.

Praise for the first edition; 'The first edition of this lucidly written, helpfully and logically structured, sensibly indexed, and very scholarly book, packed with so much knowledge from so many sources, was an enormous help to teachers and students of comparative law both at under-graduate and post-graduate levels. It assisted lecturers in other subjects including contract, tort, sale of goods, and employment to add an authoritative comparative element to their course. The second edition, which takes into account subsequent events, developments and currents of thought, further enhances it great value. The Law Teacher, Andrew Watson, Inns of Court School of Law.

Prefacep. ix
Introducing comparative lawp. 1
Introductionp. 1
Definitions and derivativesp. 3
Comparative law distinguished from other disciplinesp. 8
A rationale for comparative lawp. 11
The origins of comparative lawp. 11
Comparative law in Englandp. 16
The contemporary significance of comparative lawp. 18
Key concepts in the comparative law methodp. 27
The classification of legal systems into legal familiesp. 32
Terminologyp. 32
Criteria used to classify legal systemsp. 37
Convergence theory and legal unityp. 43
The civil law systemp. 45
Terminologyp. 45
Historical development of the civil law traditionp. 49
Overview of the civil law traditionp. 97
The English common law systemp. 100
Introductionp. 100
Terminologyp. 102
The English common law traditionp. 103
The common law in the United Statesp. 108
The common law tradition in South East Asiap. 119
The common law in Indiap. 126
The common law in the Far East: Hong Kongp. 128
Comparative overviewp. 137
European Community lawp. 140
Introductionp. 140
Scope of chapterp. 141
Monism, dualism and the accession of Britainp. 142
The Single European Act 1986p. 145
The institutional framework of the Communityp. 146
Difficulties in comparisonp. 158
Comparison of legal style of Community law with other systemsp. 159
The Community's legal order/regimep. 165
The Maastricht Treatyp. 176
Conclusionsp. 181
Socialist law and other types of legal systemsp. 184
Scope of chapterp. 184
The socialist system and Russiap. 184
Hybrid legal systemsp. 208
Other types of lawp. 209
Eastern legal conceptionsp. 209
Techniques of comparative lawp. 219
Scope of chapterp. 219
General considerationsp. 219
The quest for methodologyp. 231
Comparative law methodsp. 240
A comparative study of judicial styles and case lawp. 250
The meaning of 'case law'p. 250
Case law as a source of lawp. 250
Key issuesp. 251
The authority of case law in non-common law jurisdictionsp. 251
Styles of judicial decisionp. 254
The relevance of overriding general principlesp. 266
Conclusionsp. 270
A comparative study of statutory interpretationp. 273
Defining 'statutory interpretation'p. 273
General comparative observationsp. 273
Methods and techniques of statutory interpretationp. 275
Comparative overviewp. 292
Conclusionsp. 298
The law of obligations: a comparative study of contract and tortp. 300
Introductionp. 300
Historical development: a comparative analysisp. 301
Tort and contract: contemporary comparative aspectsp. 320
Tort law and traffic accidentsp. 342
Fault in the law of contract and tortp. 346
Interaction of tort and contractp. 347
Comparative overviewp. 349
Corporate and commercial lawp. 353
Scope of analysisp. 353
Problems in comparison of company lawsp. 354
Key conceptual questionsp. 354
Forms of business organisation: a comparative overviewp. 357
Comparative overview of agencyp. 385
European Community corporate lawp. 391
Comparative corporate law: conclusionsp. 394
Sale of goodsp. 397
Introductionp. 397
The historical backgroundp. 398
Key issues in sales of goodsp. 401
Comparative study of European civil law countriesp. 402
The English common law approachp. 419
Harmonisation of European laws on consumer goodsp. 452
The Uniform Laws on International Salesp. 453
Comparative overviewp. 462
Labour lawp. 465
Scope of chapterp. 465
Historical developmentp. 466
Comparative overviewp. 489
Globalisation and the new world orderp. 493
Introductionp. 493
The significance of legal historyp. 495
A new world order?p. 496
Theories of convergencep. 499
Global convergence and the Fukuyama Thesisp. 507
Unification of legal systemsp. 510
The dawn of a new era in world historyp. 517
Comparative law and the impact of globalisationp. 518
Conclusionsp. 520
Indexp. 525
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781859419366
ISBN-10: 1859419364
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 544
Published: 6th September 2007
Publisher: Taylor & Francis Ltd
Country of Publication: GB
Dimensions (cm): 23.4 x 15.9  x 2.9
Weight (kg): 0.8
Edition Number: 3
Edition Type: New edition