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Books > Law > Jurisprudence & general issues > Comparative law
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Comparative Law in the Courtroom and Classroom - The Story of the Last Thirty-Five Years (Paperback, New)
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Comparative Law in the Courtroom and Classroom - The Story of the Last Thirty-Five Years (Paperback, New)
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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: its weaknesses, its strengths, and
its protagonists (most of whom were personally known to the author)
during the preceding thirty-five years. It is also 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 criticise 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 urges the study of foreign law in a way that can make it more
attractive to practitioners and more usable by judges. At the end
of the day, this monograph represents a passionate call for greater
intellectual co-operation and offers one way of achieving it. A
co-operation 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 marginalisation it suffered
in the 1980s and from which the globalisation movement of the 21st
century may be about to deliver it. "This is an amusing,
stimulating, and sometimes controversial work by an outstanding
scholar. Professor Markesinis's book is clear, well documented and
displays great learning...There is no room for doubt that he has
written an illuminating and sometimes provocative book, which will
be found very rewarding by the large majority of those who purchase
it." Frank Wooldridge, International and Comparative Law Quarterly,
January 2004
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