Comparative Law

Introduction

Comparative Law - Research Guide International Law

Comparative Law is the study of the relationship between legal systems or between rules of more than one system, their differences and similarities. Comparative Law is a method of comparing legal systems, and such comparison produces results relating to the different legal cultures being analysed. Comparative Law also plays a role in a better understanding of foreign legal systems. In this age of globalization and the complexity and intertwinement of international public and private law, it plays an increasing important role in international harmonization and unification of laws, thereby leading to more international cooperation and a better world order. Legislators increasingly make use of foreign law in drafting new legislation and in more and more countries courts draw inspiration from abroad as well. The increasing importance of comparing legal systems is true not only for the academic discipline of Comparative Law as such (where the focus is usually on methodology), but also for specific areas of law.

This Research Guide is intended as a starting point for research on Comparative Law. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 347. Comparative Law in General and subject heading (keyword) Comparative Law are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

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Periodicals, serial publications

Bibliographies

New titles


1. Climate Law in Latin American Countries
Climate Law in Latin American Countries / Soledad Aguilar and Eugenia Recio. - Dordrecht [etc.] : Springer In: Climate Change and the Law / Erkki J. Hollo, Kati Kulovesi, Michael Mehling, eds., ISBN 9789400754393: (2013) - 2013
Keywords: Latin America, Climate change, Environmental policy, Environmental law, Regionalism, Comparative law,

2. The Palestinian Statehood Strategy in the United Nations: Lessons from Namibia
The Palestinian Statehood Strategy in the United Nations: Lessons from Namibia / Susan Akram. - Washington, DC : Tadween Publishing. - Page 97-107 In: Aborted State? : The UN Initiative and New Palestinian Junctures / editors: Noura Erakat, Mouin Rabbani ; contributors: Richard Falk [and twenty-four others], ISBN 9781939067043: (2013), Page 97-107. - 2013
Keywords: Palestine, Namibia, United Nations, Recognition of states, Member states, Comparative law,

3. Recognising Lost Chances in Tort Law
Recognising Lost Chances in Tort Law / Liang Shi Wei, Jeremy, Low Kee Yang In: Singapore Journal of Legal Studies = ISSN 0218-2173: vol. 56, issue 1, page 98-122. - 2014
Keywords: Great Britain, Singapore, Torts, Case-law, Comparative law,

4. Legal Transplants and Adaptation in a Colonial setting
Legal Transplants and Adaptation in a Colonial setting : Company Law in British Malaya / Petra Mahy, Ian Ramsay In: Singapore Journal of Legal Studies = ISSN 0218-2173: vol. 56, issue 1, page 123-150. - 2014
Keywords: Malaysia, Company law, Legal transplants, Case-law, Comparative law, Colonial history, Legal history,

5. Comparative Law as Resistance
Comparative Law as Resistance / Geoffrey Samuel. - Oxford : New York : Oxford University Press In: Private International Law and Global Governance / edited by Horatia Muir Watt and Diego P. Fernández Arroyo, ISBN 9780198727620: (2014) - 2014
Keywords: Comparative law, Private law,

6. The Governance Implications of Comparative Legal Thinking
The Governance Implications of Comparative Legal Thinking : On Henry Maine's Jurisprudence and Liberal Imperalism / Veronica Corcodel. - Oxford : New York : Oxford University Press In: Private International Law and Global Governance / edited by Horatia Muir Watt and Diego P. Fernández Arroyo, ISBN 9780198727620: (2014) - 2014
Keywords: Great Britain, Imperialism, Comparative law, Legal history,

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  • Ginsburg, T., P.G. Monateri and F. Parisi (eds.), Classics in Comparative Law, Volume I: Methodology, Cheltenham, Edwar Elgar Publishing, 2014.

    Ginsburg, T., P.G. Monateri and F. Parisi, Classics in Comparative Law, Volume I: Methodology, Cheltenham, Edwar Elgar Publishing, 2014.

    Comparative law is a field with a rich history, and one to which scholars from many disciplines have contributed. This four-volume set includes an original introduction by the editors, who trace the major developments in the field, covering both private and public law, as well as legal institutions and methodological debates. Encompassing more than a century of scholarship, the collection includes a number of the most enduring articles from several disciplinary perspectives and will be an essential resource for the study of comparative law.

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  • Bogdan, M., Concise Introduction to Comparative Law, Groningen, Europa Law Publishing, 2013.

    Bogdan, M., Concise Introduction to Comparative Law, Groningen, Europa Law Publishing, 2013.

    In today’s globalized world, jurists cannot limit themselves to studying the laws of their own country. This book is mainly intended to be used as a textbook for beginners taking introductory courses on foreign and comparative law. Its concise format makes it fit for use also in other courses, such as legal history or jurisprudence, having the ambition to provide the students with a basic knowledge about English, American, French, German, Chinese and Islamic law and legal culture, as well as about the methodological problems that arise in connection with studying, comparing and working with foreign legal systems in general.

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  • Clark, D.S. (ed.), Comparative Law and Society, Cheltenham, Elgar, 2012.

    Clark, D.S. (ed.), Comparative Law and Society, Cheltenham, Elgar, 2012.

    Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date.

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  • Monateri, P.G. (ed.), Methods of Comparative Law, Cheltenham, Elgar, 2012.

    Monateri, P.G. (ed.), Methods of Comparative Law, Cheltenham, Elgar, 2012.

    Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the ‘comparative law and economics’ approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends.

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  • Busanni, M. and U. Mattei (eds.), Comparative Law, New York, Cambridge University Press, 2012.

    Busanni, M. and U. Mattei (eds.), Comparative Law, New York, Cambridge University Press, 2012.

    We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the ‘deeper structures’ where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world’s legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.

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  • Adams, M. and J. Bomhoff (eds.), Practice and Theory in Comparative Law, Cambridge, Cambridge University Press, 2012.

    Adams, M., J., Bomhoff (eds.), Practice and Theory in Comparative Law, Cambridge, Cambridge University Press, 2012.

    What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.

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Database

Blogs

  • (Judicial) Constitutional Review in the Netherlands: A Comparative Law Blog

    With the provincial elections coming up, the Dutch Legislature this week discussed another important and long discussed topic in Dutch politics. The Dutch parliament for the second time reads the bill that would make judicial constitutional review in the Netherlands possible with regard to certain named constitutional provisions detailing constitutional rights. A bill first introduced by former Second Chamber member Halsema in 2002.

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