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Comparative Law in the Courtroom and Classroom - The Story of the Last Thirty-Five Years (Hardcover, New)
Loot Price: R2,701
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Comparative Law in the Courtroom and Classroom - The Story of the Last Thirty-Five Years (Hardcover, 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. 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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