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Comparative Law and Comparative Knowledge  

Nils Jansen

Print publication date:
Mar 2019
Online publication date:
May 2019
This chapter sets out to clarify the ideas of comparison and comparative knowledge. It analyses different approaches to these two issues, both from an analytical perspective and by means ... More

Comparative Law and Critical Legal Studies  

Ugo Mattei

Print publication date:
Mar 2019
Online publication date:
May 2019
The contribution of Critical Legal Studies to comparative law is a matter of considerable international interest, not only in light of the remarkable presence of the movement in several ... More

Comparative Law and Language  

Vivian Grosswald Curran

Print publication date:
Mar 2019
Online publication date:
May 2019
The study of language is a cognitive model for comparative law. Language’s own dependence on translation is instructive in understanding comparative law in terms of the contrasting ... More

Comparative Law and Legal Culture  

Roger Cotterrell

Print publication date:
Mar 2019
Online publication date:
May 2019
The idea of legal culture has had an important place in major recent debates about the nature and aims of comparative law. The idea of legal culture entails that law should be treated as ... More

Comparative Law in Legal Education  

Nora V. Demleitner

Print publication date:
Mar 2019
Online publication date:
May 2019
This chapter discusses comparative law within the framework of legal education in North America and Europe. It first considers some of the key debates surrounding the teaching of ... More

Comparative Law, Transplants, and Receptions  

Michele Graziadei

Print publication date:
Mar 2019
Online publication date:
May 2019
The comparative study of transplants and receptions investigates the patterns of change triggered by contacts among laws and legal cultures. The study of legal transfers offers ... More

Comparative Law: Study of Similarities or Differences?  

Gerhard Dannemann

Print publication date:
Mar 2019
Online publication date:
May 2019
Comparing legal systems involves, at least to some degree, exploring both similarities and differences. For some writers, this forms part of the definition of comparative law. Some ... More

The Functional Method of Comparative Law  

Ralf Michaels

Print publication date:
Mar 2019
Online publication date:
May 2019
The functional method has become both the mantra and the bête noire of comparative law. For its proponents it is the most, perhaps the only, fruitful method. For its opponents, it ... More

Jurisprudence of the European Court of Human Rights and the Constitutional Systems of Europe  

Dean Spielmann

Print publication date:
May 2012
Online publication date:
Nov 2012
Constitutional courts have made a fundamental contribution in clarifying the domestic binding force of the European Convention on Human Rights, in spite of the divergences as to its status ... More

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