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A New Introduction to Comparative Law


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Table of Contents

1. Introduction I. About this Book II. Legal Culture in Focus III. Structure of the Book 2. Comparative Law as a Discipline-A Short History I. History of Comparative Law in a Nutshell II. Comparative Law in the Twenty-first Century 3. Comparative Law-Definitions and Distinctions I. Challenge of Further Definition II. Comparative Study of Law III. The Theory of Comparative Law 4. Comparative Law-One of the Legal Disciplines I. Part of a Larger Field of Knowledge II. A Member of the Family of Legal Studies III. Comparison and Fields of Law IV. Difficulty of Demarcation 5. Why Compare? I. Starting Points-Creating Added Value II. Comparison as a Cross-border Form of Knowledge Acquisition III. Comparison as Thinking Outside the Box IV. Basic Knowledge-interests V. Integrativity and Contradictivity VI. Practical v Theoretical Approach VII. Pedagogical-Comparison in Teaching and Learning Law 6. Basic Strategies in Comparison I. Introduction II. Scope-From Macro to Micro III. In Time and Space-The Time Dimension IV. Quantity V. The Diversity of Legal Systems-Transnationality VI. Cultural Dimensions and their Overlapping VII. Methodological Choices of Theoretical Nature VIII. Functionality-Functional Comparative Law IX. Structural Dimension X. Systematic Approach XI. Critical Study Approaches-Two Examples XII. Depth of the Study-Decisiveness of the Knowledge-interest XIII. Research Ethics XIV. Comparative Methodology-Heuristics? 7. Comparing-Differences and Similarities I. Need for a Yardstick for Comparison- TertiumComparationis II. Differences and Similarities III. Culture and Explanation IV. Economic Factors V. Historical Factors VI. Geography and Climate VII. Other Factors VIII. Differences between Explanatory Factors IX. The Presumption of Similarity? 8. Comparison-Obstacles and Difficulties I. Comparative Research-Between the Familiar and the Foreign II. Research Data Related Problems III. Pitfalls in Research-material Processing and Analysis IV. Side-step to Theory: Comparing Laws, but what Laws? V. Legal Comparison-A Particularly Risky Business? VI. Comparison as a Learning Process 9. Macro-comparison I. Basic Blocks of Macro-comparison II. Constructing Macro-constructs III. Grouping Legal Systems IV. Macro-constructs and Methodology V. Finally 10. Legal Evolution? I. Is there Evolution in Law? II. Problems in Macro-comparison III. Limits of Legal Evolution? II. General Requirements III. History-related Factors IV. Nature of Legal Thinking (Legal Mentality) V. Factors Related to Societal Ideology VI. Cultural Factors VII. Finally

About the Author

Jaakko Husa is Professor of Comparative Law and Constitutional Law at the University of Lapland (Finland)


Professor Jaakko Husa is one of the very few people who is able to act as a reliable guide in the vigorous debates in comparative legal scholarship. In this volume he provides the legal scholar with a sensible and sensitive overview of the schools, themes, problems and challenges when `doing' comparative law. He objectively examines the themes and problems in comparative law in a way that both elevates the scholarly debate and provides an illuminating introduction . . . We should be very grateful to him for that! -- Maurice Adams, Tilburg University.
Jaakko Husa's new book presents a major contribution to modern comparative law. It benefits from the author's profound knowledge in matters of comparative law, both in terms of the method of comparison and examples from many parts of the world. The book also has a strong didactic element: it is the best one on the market that explains core discussions to aspiring comparative lawyers. An important innovation is that it firmly puts the concept of legal culture to the centre of a comparative law textbook. It is to be applauded that this is done in a diplomatic way, not trying to impose a particular position but rather to convince the readers that the author's approach is a beneficial way forward. This book will certainly be well received by both students and scholars. -- Mathias Siems, Durham University
Jaakko Husa's new book provides a delightful and fresh approach to the comparative study of law. Written by one of the world's leading comparatists, Husa shows how to do meaningful and stimulating comparative legal work. A must-read for any legal academic. -- Jan Smits, Maastricht University
[This book] is written in a lively and accessible style and will prove indispensable reading to advanced students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field. -- Hans-W Micklitz * Journal of Consumer Policy *

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