Comparative Law in a Changing World

P Providing a comprehensive and comparative analysis of the legal approach to key areas of law within different legal systems, this book offers a blueprint for comparative legal study by evaluating the current epistemological debate on comparative law and comparative legal research methods. /P P Substantive law, the law of obligations, commercial and corporate law within the major legal systems of the world are all examined and compared. While France and Germany are generally used as the archetypal civil law jurisdictions and English law as the main common law comparator, this third edition also examines the Russian Federation in the post-Soviet era and socialist legal influences as well as non-Western legal traditions. Fully updated and revised to include all recent developments, this edition also includes a broad historical introduction and outlines changes in EC Law. /P P It assesses the possibility of Europeanization of national legal systems and certain legal topics, the impact of the globalizationof legal institutions and the evolving 'new world order' in the early twenty-first century. /P P Written in a clear, user friendly style, Comparative Law in a Changing World is an accessible source for undergraduates and postgraduates wishing to trace the influence of common law and civil law legal traditions on jurisdictions across the world. /P

Peter de Cruz is Professor of Law at Liverpool John Moores University.

Preface	p. ix
Introducing comparative law	p. 1
Introduction	p. 1
Definitions and derivatives	p. 3
Comparative law distinguished from other disciplines	p. 8
A rationale for comparative law	p. 11
The origins of comparative law	p. 11
Comparative law in England	p. 16
The contemporary significance of comparative law	p. 18
Key concepts in the comparative law method	p. 27
The classification of legal systems into legal families	p. 32
Terminology	p. 32
Criteria used to classify legal systems	p. 37
Convergence theory and legal unity	p. 43
The civil law system	p. 45
Terminology	p. 45
Historical development of the civil law tradition	p. 49
Overview of the civil law tradition	p. 97
The English common law system	p. 100
Introduction	p. 100
Terminology	p. 102
The English common law tradition	p. 103
The common law in the United States	p. 108
The common law tradition in South East Asia	p. 119
The common law in India	p. 126
The common law in the Far East: Hong Kong	p. 128
Comparative overview	p. 137
European Community law	p. 140
Introduction	p. 140
Scope of chapter	p. 141
Monism, dualism and the accession of Britain	p. 142
The Single European Act 1986	p. 145
The institutional framework of the Community	p. 146
Difficulties in comparison	p. 158
Comparison of legal style of Community law with other systems	p. 159
The Community's legal order/regime	p. 165
The Maastricht Treaty	p. 176
Conclusions	p. 181
Socialist law and other types of legal systems	p. 184
Scope of chapter	p. 184
The socialist system and Russia	p. 184
Hybrid legal systems	p. 208
Other types of law	p. 209
Eastern legal conceptions	p. 209
Techniques of comparative law	p. 219
Scope of chapter	p. 219
General considerations	p. 219
The quest for methodology	p. 231
Comparative law methods	p. 240
A comparative study of judicial styles and case law	p. 250
The meaning of 'case law'	p. 250
Case law as a source of law	p. 250
Key issues	p. 251
The authority of case law in non-common law jurisdictions	p. 251
Styles of judicial decision	p. 254
The relevance of overriding general principles	p. 266
Conclusions	p. 270
A comparative study of statutory interpretation	p. 273
Defining 'statutory interpretation'	p. 273
General comparative observations	p. 273
Methods and techniques of statutory interpretation	p. 275
Comparative overview	p. 292
Conclusions	p. 298
The law of obligations: a comparative study of contract and tort	p. 300
Introduction	p. 300
Historical development: a comparative analysis	p. 301
Tort and contract: contemporary comparative aspects	p. 320
Tort law and traffic accidents	p. 342
Fault in the law of contract and tort	p. 346
Interaction of tort and contract	p. 347
Comparative overview	p. 349
Corporate and commercial law	p. 353
Scope of analysis	p. 353
Problems in comparison of company laws	p. 354
Key conceptual questions	p. 354
Forms of business organisation: a comparative overview	p. 357
Comparative overview of agency	p. 385
European Community corporate law	p. 391
Comparative corporate law: conclusions	p. 394
Sale of goods	p. 397
Introduction	p. 397
The historical background	p. 398
Key issues in sales of goods	p. 401
Comparative study of European civil law countries	p. 402
The English common law approach	p. 419
Harmonisation of European laws on consumer goods	p. 452
The Uniform Laws on International Sales	p. 453
Comparative overview	p. 462
Labour law	p. 465
Scope of chapter	p. 465
Historical development	p. 466
Comparative overview	p. 489
Globalisation and the new world order	p. 493
Introduction	p. 493
The significance of legal history	p. 495
A new world order?	p. 496
Theories of convergence	p. 499
Global convergence and the Fukuyama Thesis	p. 507
Unification of legal systems	p. 510
The dawn of a new era in world history	p. 517
Comparative law and the impact of globalisation	p. 518
Conclusions	p. 520
Index	p. 525
Table of Contents provided by Ingram. All Rights Reserved.

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Comparative Law in a Changing World

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