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Comparative Law and Legal Traditions - Historical and Contemporary Perspectives (Paperback, 1st ed. 2019)
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Comparative Law and Legal Traditions - Historical and Contemporary Perspectives (Paperback, 1st ed. 2019)
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The primary aim of this book is to provide clear and reliable
information on a number of central topics in comparative law. At a
time when global society is increasingly mobile and legal life is
internationalized, the role of comparative law is gaining
importance. While the growing interest in this field may well be
attributed to the dramatic increase in international legal
transactions, this empirical parameter is only part of the
explanation. The other part, and (at least) equally important, has
to do with the expectation of gaining a deeper understanding of law
as a social phenomenon and a fresh insight into the current state
and future direction of one's own legal system. In response to the
internationalization of legal practice and theory, law schools
around the world have expanded their comparative law programs.
Within the legal subjects that form the core of the curriculum
there is a greater interest in comparative legal analysis, as well
as greater attention to how global developments and international
actors and institutions affect domestic law. Transnational legal
education based on comparative reasoning is intended to help shape
a new generation of lawyers, public servants and other
professionals who recognize and respect cultural diversity in an
interconnected world. The central topics discussed in this book
include: the nature and scope of comparative legal inquiries; the
relationship of comparative law to other fields of legal study; the
aims and uses of comparative law; the origins and historical
development of comparative law; and the evolution and defining
features of some of the world's predominant legal traditions. It
also deals with selected theoretical aspects, such as the problem
of comparability of legal events; the classification of legal
systems into families of law; and the topics of legal transplants,
harmonization and convergence of laws. Chiefly intended for
students, the book also discusses a number of fundamental issues
concerning the development of comparative law, and devotes certain
sections to reviewing the salient features of the relevant
literature on definitional, terminological, methodological and
historical issues.
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