Comparative Law in the Courtroom and Classroom: The Story of the Last Thirty-five Years

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Hart Publishing, 2003 - Law - 273 pages
This book presents an original, deliberately controversial, and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century. Looking at the weaknesses, strengths, and protagonists (most of whom were personally known to the author) of comparative law during the preceding thirty-five years, the book is a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticize the impact the long association with Roman law has had on the orientation and well-being of his subject. With equal force, he also warns against some modern trends linking it with variations of the critical legal studies movement, and he urges the study of foreign law in a way that can make it more attractive to practitioners and more usable by judges. This monograph represents a passionate call for greater intellectual cooperation. It offers one way of achieving it - a cooperation between practitioners and academics on the one hand and between Common and (modern) Civilian lawyers on the other, in an attempt to save the subject from the marginalization it suffered in the 1980s and from which the globalization movement of the 21st century may be about to deliver it.

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Reflections on the State of Comparative Law
More of the Same Medicine
From Heroes to Movements of Contemporary
Spreading the Gospel and the Name of
Some Raw Data
The Situation in Germany
The Case of South Africa
FAI General Insurance Co Ltd v Lucre 2000 NSWCA
Dunn 1949 2 KB 180
The Focused Approach in Public Law
An Epilogue
Correspondence Between Lord Atkin
The German Approach
RGZ 123 102 14 December 1928 15051
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RGZ 91 269 19 November 1917
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Page xxvii - Lord Keith in Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd (1985) when he said that, in addition to proximity, the court must decide whether it is 'fair, just and reasonable

About the author (2003)

Sir Basil Markesinis QC is a Fellow of the British Academy, a Foreign Fellow of the Accademia dei Lincei of Rome, the Royal Belgian Academy of Arts and Sciences in Brussels, the Royal Netherlands Academy of Arts and Sciences in Amsterdam, and a Correspondng Fellow of the Academy of Athens and the Academie des Sciences Morales et Politques in France. He is a Bencher of Gray's Inn.

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