Edward Elgar is
publishing a research handbook on comparative legal history.
ABOUT THE BOOK
Is comparative legal history an emerging
discipline or a much-needed dialogue between two academic subjects? This
research handbook presents the field in a uniquely holistic way, and
illustrates how comparative law and legal history are inextricably related.
Cementing a solid theoretical grounding for the
discipline, legal historians and comparatists place this subject at the
forefront of legal science. Comprehensive in coverage, this handbook collates
theory and method for comparative legal history, as well as discussing
international legal sources and judicial and civil institutions. Particular
attention is paid to custom and codification, contracts, civil procedure and
ownership. By assessing the evolution of law across European, Asian, African
and American environments from the pre-modern era to the nineteenth century,
the chapters provide stimulating and enlightening cases of legal history
through a comparative lens.
A centrepiece for this field of scholarship,
this research handbook will be an essential resource for scholars interested in
comparative law, legal theory and legal history, from both legal and social
science backgrounds.
ABOUT THE EDITORS
Edited by Olivier Moréteau, Louisiana State
University, US, Aniceto Masferrer, University of Valencia, Spain and Kjell A.
Modéer, University of Lund, Sweden
TABLE OF CONTENTS
Contents:
List of contributors
Acknowledgments
PART I Theory and
Methods
1. What is
comparative legal history? Legal historiography and the revolt against
formalism, 1930-60
Adolfo Giuliani
2. Comparative?
Legal? History? Crossing Boundaries
Sean Donlan
3. Methodological
perspectives in comparative legal history: an analytical approach
Dag Michalsen
4. Comparative legal
history: methodology for morphology
Matthew Dyson
PART II LEGAL SOURCES
5. Here, there,
everywhere or... nowhere? Some comparative and historical afterthoughts about
custom as a source of law
Jacques Vanderlinden
6. Convergence and
the colonization of custom in pre-modern Europe
Emily Kadens
7. Custom as a source
of law in European and East Asian legal history
Marie Seong-Hak Kim
8. The ius commune as
the ‘ratio scripta’ in the civil law tradition: a comparative approach to the
Spanish case
Aniceto Masferrer and
Juan A. Obarrio
9. Legal education in
England and continental Europe between the middle ages and the early-modern
period: a comparison
Dolores Freda
PART III LEGAL
INSTITUTIONS
10. The triumph of
judicial review: the evolution of post-revolutionary legal thought
Jean-Louis Halperin
11. Killing the
vampire of human culture: Slavery as a problem in international law
Paul Finkelman and
Seymour Drescher
12. Continental
European superior courts and procedure in civil actions (11th-19th centuries)
CH (Remco) van Rhee
13. The genesis of
concepts of possession and ownership in the civilian tradition and at common
law: how did the common law manage without a concept of ownership? Why the
Roman law did not?
Anna Taitslin
14. The common law
and the Code civil: the curious case of the law of contract
Warren Swain
15. When the wind
turned from South to West: the transition of Scandinavian legal cultures
1945–2000, a comparative sketch
Kjell Å Modéer
PART IV CODIFICATION
16. Unification and
codification in today’s European private law and nineteenth-century Germany:
the challenges and opportunities of comparing historical and ongoing events
Dirk Heirbaut
17. Owning the
conceptualization of ownership in American civil law jurisdictions and the
origins of nineteenth-century code provisions
Agustín Parise
18. Why was private
law not codified in Sweden and Finland?
Heikki Pihlajamäki
Index
More information here
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