Comparative Law

Hardback

Comparative Law

Introduction to a Critical Practice

9781035314935 Edward Elgar Publishing
Fernanda G. Nicola, Professor of Law, Washington College of Law, American University, US and Günter Frankenberg, Emeritus Professor of Public Law, Philosophy of Law and Comparative Law, Institute for Public Law, Goethe University Frankfurt am Main, Germany
Publication Date: September 2024 ISBN: 978 1 03531 493 5 Extent: c 117 pp
This book provides a practical introductory guide to comparative law. Fernanda G. Nicola and Günter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects.

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This book provides a practical introductory guide to comparative law. Fernanda G. Nicola and Günter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects.

Comparative Law begins by outlining the theory and methodology of this critical legal practice. Chapters present real-world problems that the law faces in eight specific fields: property (informal property), contracts (specific performance), tort (wrongful birth), family law (same-sex marriage), administrative law (COVID-19 measures), constitutional law (veiling), legal transfers (gun control), and legal histories (indigenous property claims). Whilst examining various approaches to legal comparison, Nicola and Frankenberg crucially recognize how legal knowledge can be perpetually reconstructed, abstracted, and re-contextualized in diverse settings across space and time.

Pairing real-world contemporary examples with established legal principles and practices, this book is an essential resource for teachers and students of comparative law and legal anthropology. Its practical case application will also be of interest to political scientists and journalists engaged in international legal regimes, problems, and solutions.
Critical Acclaim
‘This is an exciting new comparative law book from two leading scholars in the field, which combines a problem-based and practice-based approach with critical perspectives on mainstream or “conventional” comparative law. With chapters covering topics which range across the fields of private and public law, and engaging with key debates on methodology, this should be a wonderful book for teachers, students and scholars of comparative law alike.’
– Gráinne de Búrca, New York University School of Law, US

‘This is a one of a kind book in comparative law. It brings together the best of the field – problems, facts, functions, critique, politics, context, and borrowings. No esoteric discussions about method or random foreign law facts. It simply teaches how to practice comparative law and how to apply it to contemporary issues.’
– Jorge L. Esquirol, Florida International University, College of Law, US
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