This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to 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.
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
Reviews
"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
This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to 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.
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
Reviews
"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
