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Comparative Law and African Customary Law  

T. W. Bennett

Print publication date:
Mar 2019
Online publication date:
May 2019
Customary law grows out of the social practices which a given jural community has come to accept as obligatory. It is a pervasive normative order, providing the regulatory framework for ... More

Comparative Law and its Influence on National Legal Systems  

Jan M. Smits

Print publication date:
Mar 2019
Online publication date:
May 2019
This article assesses the scholarly state of affairs regarding the influence of comparative law in national systems. In so doing, emphasis is put on private law and constitutional law, as ... More

Comparative Law and the Islamic (Middle Eastern) Legal Culture  

Chibli Mallatt

Print publication date:
Mar 2019
Online publication date:
May 2019
This article examines comparative law in Islamic/Middle Eastern legal culture. The first section discusses the comparative framework in Islamic law and civilization. The second section ... More

Comparative Law and the Study of Mixed Legal Systems  

Jacques Du Plessis

Print publication date:
Mar 2019
Online publication date:
May 2019
Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a ... More

Comparative Law in Central and Eastern Europe  

Zdeněk Kühn

Print publication date:
Mar 2019
Online publication date:
May 2019
The region of Central and Eastern Europe covers many of the European nations east of Germany. The dominant nation of the region is Russia. Between Russia and Germany there are, first, a ... More

Development of Comparative Law in France  

Bénédicte Fauvarque-Cosson

Print publication date:
Mar 2019
Online publication date:
May 2019
France has a long and solid tradition of comparative law. This article traces the discipline’s development in France, describing its strengths and weaknesses. As universal a science as it ... More

Development of Comparative Law in Germany, Switzerland, and Austria  

Ingeborg Schwenzer

Print publication date:
Mar 2019
Online publication date:
May 2019
This article provides an overview both of the development of comparative law as a field of research, and of its impact on legal changes in Germany, Switzerland, and Austria. It focuses on ... More

Development of Comparative Law in Great Britain  

John W. Cairns

Print publication date:
Mar 2019
Online publication date:
May 2019
Comparative law developed in Great Britain in the second half of the nineteenth century. The discipline focused mainly on imperial problems of foreign law and the assimilation of the laws ... More

Development of Comparative Law in Italy  

Elisabetta Grande

Print publication date:
Mar 2019
Online publication date:
May 2019
Since Italy’s unification in 1861, Italian law has mainly been a ‘context of reception’. In contrast to contexts of production, where legal scholarship tends to unfold in a self-centred ... More

The Development of Comparative Law in Japan  

Luke Nottage

Print publication date:
Mar 2019
Online publication date:
May 2019
This chapter discusses the historical development of comparative law in Japan, beginning with the Meiji government’s review of Western legal systems in order to craft its own modern legal ... More

Development of Comparative Law in Latin America  

Jan Kleinheisterkamp

Print publication date:
Mar 2019
Online publication date:
May 2019
Latin American law has largely been neglected by mainstream comparative law. The presumed ‘familiarity’ and the consequent perception of Latin American law as lacking sufficient ... More

The Development of Comparative Law in Modern China  

Taisu Zhang

Print publication date:
Mar 2019
Online publication date:
May 2019
This chapter discusses the historical development of comparative law in modern China, from the late Qing dynasty to the present day. It first traces the origins of China’s reception of ... More

Development of Comparative Law in the United States  

David S. Clark

Print publication date:
Mar 2019
Online publication date:
May 2019
This chapter examines the origins of comparative law activities during the colonial British American period and the formative era of the United States. During the eighteenth and nineteenth ... More

The Future of Legal Families  

Jaakko Husa

Online publication date:
May 2016
The aim of this article is to give an account of legal families as a comparative law approach and as a classification of legal systems. The text discusses especially the future of legal ... More

The Place Of Constitutional Law in the Legal System  

Stephen Gardbaum

Print publication date:
May 2012
Online publication date:
Nov 2012
This article begins with discussions of what constitutional law is and general views on the place of constitutional law. It then considers the role of constitutional law versus ordinary ... More

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