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 systematic classification → Comparative law 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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Bibliography

Reference works

Books

Leading articles

Periodicals, serial publications

Bibliographies

 Systematic classification → Municipal law and comparative law

New titles


1. The interaction of legal systems
The interaction of legal systems : post-Soviet approaches / edited by William E. Butler and Oleksiy V. Kresin. - London : Wildy, Simmonds & Hill, Publishers, 2015. - XIV, 524 pages. ; 24 cm. - (JCL Studies in comparative law ; no. 13) Includes bibliographical references and an index. - 2015
Keywords: Soviet Union, Russian Federation, Countries in transition, Legal systems, Comparative law, Sociology of law,

2. Prontuario básico de derecho sucesorio internacional
Prontuario básico de derecho sucesorio internacional / Javier Carrascosa González, Joaquín Jesús Martínez Navarro (directores). - Segunda edición. - Granada : Editorial Comares, 2015. - XIX, 460 pages. ; 25 cm. - (Biblioteca Comares de ciencia jurídica. Ciencia jurídica y derecho internacional ; 23) First edition: 2012. - Includes bibliographical references. - 2015
Keywords: Spain, Regulation (EC) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, Law of succession, Private international law, Comparative law,

3. Social Law Doctrine and the Genesis of Procedural Comparative Jurisprudence
Social Law Doctrine and the Genesis of Procedural Comparative Jurisprudence / O.V. Kresin. - London : Wildy, Simmonds & Hill, Publishers. - Pages 12-47 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 12-47. - 2015
Keywords: Soviet Union, Countries in transition, Legal systems, Philosophy of law, Comparative law, Social law,

4. Interaction of National Legal systems in Time and Space: Comparative Aspects
Interaction of National Legal systems in Time and Space: Comparative Aspects / O.F. Skakun. - London : Wildy, Simmonds & Hill, Publishers. - Pages 48-61 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 48-61. - 2015
Keywords: Ukraine, Soviet Union, Crimea, Countries in transition, Legal systems, International law, Comparative law, Philosophy of law, Islamic law,

5. Borrowing in Law: to Take or not to Take, that is the Question
Borrowing in Law: to Take or not to Take, that is the Question / M.V. Zakharova. - London : Wildy, Simmonds & Hill, Publishers. - Pages 62-73 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 62-73. - 2015
Keywords: Ukraine, Soviet Union, Russian Federation, Crimea, Countries in transition, Legal systems, Comparative law, Philosophy of law,

6. Legal Constructions in the Focus of Inter-temporal and Inter-local Methods of Comparison: the Methodological Aspects
Legal Constructions in the Focus of Inter-temporal and Inter-local Methods of Comparison: the Methodological Aspects / O.A. Halabudenko. - London : Wildy, Simmonds & Hill, Publishers. - Pages 74-86 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 74-86. - 2015
Keywords: Europe, Legal systems, Comparative law, Philosophy of law, Methodology, Roman law, Norms,

7. Legal Transplants: Nature and Structure of Content
Legal Transplants: Nature and Structure of Content / A.A. Saparova. - London : Wildy, Simmonds & Hill, Publishers. - Pages 87-97 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 87-97. - 2015
Keywords: Europe, Legal transplants, Comparative law, Legal systems, Philosophy of law,

8. The Theory of Open Law: Relations in the International Arena
The Theory of Open Law: Relations in the International Arena / A.A. Rubanov. - London : Wildy, Simmonds & Hill, Publishers. - Pages 98-107 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 98-107. - 2015
Keywords: Russian Federation, Legal systems, Comparative law, Philosophy of law, International law and national law,

9. From Comprehension of the Reception of Roman Law to a General Theory of the Interaction of Legal Systems: Raising the Issue
From Comprehension of the Reception of Roman Law to a General Theory of the Interaction of Legal Systems: Raising the Issue / E.O. Kharytonov and O.I. Kharytonova. - London : Wildy, Simmonds & Hill, Publishers. - Pages 108-132 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 108-132. - 2015
Keywords: Russian Federation, Legal systems, Comparative law, Philosophy of law, Roman law,

10. The Law of Interaction of Systems of Law as a Branch of Comparative Legal Science
The Law of Interaction of Systems of Law as a Branch of Comparative Legal Science / O.O. Merezhko. - London : Wildy, Simmonds & Hill, Publishers. - Pages 133-143 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 133-143. - 2015
Keywords: Legal systems, Comparative law, Philosophy of law, Sociology of law, International law and national law,

11. Forms and Methods of Interaction of Modern Legal Systems
Forms and Methods of Interaction of Modern Legal Systems / A.V. Egorov. - London : Wildy, Simmonds & Hill, Publishers. - Pages 144-159 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 144-159. - 2015
Keywords: Legal systems, Legal integration, Comparative law, Philosophy of law, Sociology of law, International law and national law,

12. Methods and Means of Inter-state Legal Integration
Methods and Means of Inter-state Legal Integration / E.G. Potapenko. - London : Wildy, Simmonds & Hill, Publishers. - Pages 160-169 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 160-169. - 2015
Keywords: Legal systems, Legal integration, Regionalism, Comparative law, Philosophy of law, Sociology of law,

13. Foreign Element and National Law: Forms of Normative Interaction
Foreign Element and National Law: Forms of Normative Interaction / A.G. Egorova. - London : Wildy, Simmonds & Hill, Publishers. - Pages 170-182 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 170-182. - 2015
Keywords: Legal systems, Legal integration, Comparative law, Philosophy of law, Sociology of law, Harmonisation, International law and national law, Legal normativity,

14. Concept of "Reception of Law" as One Form of Interaction of Legal Systems
Concept of "Reception of Law" as One Form of Interaction of Legal Systems / Z.P. Melnyk. - London : Wildy, Simmonds & Hill, Publishers. - Pages 183-190 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 183-190. - 2015
Keywords: Ukraine, Legal systems, Legal transplants, Foreign law, Harmonisation, Comparative law, Sociology of law, International law and national law,

15. On the Correlation of the Categories of Globalization, Harmonization, and Unification of Law in the Aspects of Comparative Jurisprudence
On the Correlation of the Categories of Globalization, Harmonization, and Unification of Law in the Aspects of Comparative Jurisprudence / T.A. Zheldybina. - London : Wildy, Simmonds & Hill, Publishers. - Pages 191-205 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 191-205. - 2015
Keywords: Commonwealth of Independent States, Legal systems, Globalization, Legal transplants, Foreign law, Harmonisation, Comparative law, Sociology of law, International law and national law,

16. The Role of Legal Acculturation in the Forming of Soviet Legal Culture
The Role of Legal Acculturation in the Forming of Soviet Legal Culture / L.V. Sokolskaia. - London : Wildy, Simmonds & Hill, Publishers. - Pages 206-215 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 206-215. - 2015
Keywords: Soviet Union, Legal systems, Globalization, Legal transplants, Foreign law, Harmonisation, Comparative law, Sociology of law, International law and national law,

17. Dialogical Civilization State of Ukraine: Place-of-Development and Apologization of Ukrainian Law
Dialogical Civilization State of Ukraine: Place-of-Development and Apologization of Ukrainian Law / Iu.N. Oborotov. - London : Wildy, Simmonds & Hill, Publishers. - Pages 216-225 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 216-225. - 2015
Keywords: Ukraine, Legal systems, Comparative law, Sociology of law, Communism, Globalization, Borders, Philosophy of law,

18. The Legal System of Ukraine: Quest for Identity
The Legal System of Ukraine: Quest for Identity / M.I. Koziubra. - London : Wildy, Simmonds & Hill, Publishers. - Pages 226-252 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 226-252. - 2015
Keywords: Ukraine, Legal systems, Identity, Comparative law, Sociology of law, Communism, Socialism,

19. The Influence of Traditional and Continental Legal Culture on Forming the Legal Systems of Latin American States
The Influence of Traditional and Continental Legal Culture on Forming the Legal Systems of Latin American States / E.E. Rafaliuk. - London : Wildy, Simmonds & Hill, Publishers. - Pages 253-267 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 253-267. - 2015
Keywords: Latin America, Legal systems, Indians, Customary law, Sociology of law, Comparative law,

20. Methodological Problems of Borrowing International and Foreign Experience in the Legal Regulation of Labor Relations
Methodological Problems of Borrowing International and Foreign Experience in the Legal Regulation of Labor Relations / A.M. Lushnikov and M.V. Lushnikova. - London : Wildy, Simmonds & Hill, Publishers. - Pages 282-296 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 282-296. - 2015
Keywords: Legal systems, Labour, Methodology, Comparative law, Sociology of law, Labour law,

21. Comparative International Law
Comparative International Law / W.E. Butler. - London : Wildy, Simmonds & Hill, Publishers. - Pages 297-314 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 297-314. - 2015
Keywords: Legal systems, Comparative law, International law,

22. Integration Law: Concept, Significance, and Evolution
Integration Law: Concept, Significance, and Evolution / S.Iu. Kashkin. - London : Wildy, Simmonds & Hill, Publishers. - Pages 315-350 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 315-350. - 2015
Keywords: European Union, European integration, Legal integration, Legal systems, Comparative law, International law, Globalization, Sovereignty,

23. The Inter-civilizaitonal Nature of International Law in the Twenty-first Century
The Inter-civilizaitonal Nature of International Law in the Twenty-first Century / T.R. Korotkyi. - London : Wildy, Simmonds & Hill, Publishers. - Pages 351-372 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 351-372. - 2015
Keywords: Legal integration, Legal systems, Comparative law, International law, Economic integration, Globalization, Sovereignty,

24. Interaction of the Law of Ukraine and the European Union
Interaction of the Law of Ukraine and the European Union / V.I. Muraviov. - London : Wildy, Simmonds & Hill, Publishers. - Pages 373-385 In: The Interaction of Legal Systems / edited by William E. Butler and Oleksiy V. Kresin, ISBN 9780854901616: (2015), Pages 373-385. - 2015
Keywords: European Union, Ukraine, Legal integration, Legal systems, International law and national law, Comparative law,

Librarian's choice

  • Ginsburg, T., P.G. Monateri and F. Parisi (eds.), 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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Systematic classification → Municipal law and comparative law