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
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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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Contents

Reflections on the State of Comparative Law
35
More of the Same Medicine
45
From Heroes to Movements of Contemporary
61
Spreading the Gospel and the Name of
75
Australia
82
Some Raw Data
86
The Situation in Germany
107
The Case of South Africa
120
FAI General Insurance Co Ltd v Lucre 2000 NSWCA
173
Dunn 1949 2 KB 180
180
The Focused Approach in Public Law
183
An Epilogue
209
Correspondence Between Lord Atkin
225
The German Approach
231
RGZ 123 102 14 December 1928 15051
234
Databases Searched
261

RGZ 91 269 19 November 1917
151
Lessons from
157

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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

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About the author (2003)

Sir Basil Markesinis,QC, LL.D. (Cantab.) DCL (Oxon) D. Iur h.c. (Ghent, Paris I (Sorbonne) and Munich), is Professor of Common and Civil Law at University College London and Jamail Regents Chair at the University of Texas at Austin.

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