Store International The Loneliness of the Comparative Lawyer and Other Essays in Foreign and Comparative Law
The Loneliness of the Comparative Lawyer and Other Essays in Foreign and Comparative Law

The Loneliness of the Comparative Lawyer and Other Essays in Foreign and Comparative Law

By John Henry Merryman
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Overview
In these critical essays a leading comparative lawyer:
  • examines the movement for convergence of the Civil Law and the Common Law
  • describes the Italian Style and the French Deviation
  • contrasts Common Law estate with Civil Law ownership
  • explains why the distinction between public law and private law is important to Civil Lawyers but has little interest for Common Lawyers
  • exposes the fatal emptiness at the core of the Law and Development movement
  • proposes a marriage of comparative law and scientific explanation
  • emphasizes the fundamental relation between law and social and cultural change
  • argues that the dominant tradition of comparative law teaching and scholarship is trapped in a cramped and arid 19th century paradigm
  • advocates a culturally broader and historically richer approach to comparative law teaching and scholarship
  • Publish Date 06/01/1999
    Product Line Kluwer Law International
    ISBN 9789041112156
    SKU 10058667-0001
    Table of Contents
    1. On the Convergence (and Divergence) of the Civil Law and the Common Law
    2. Legal Education There and Here: A Comparison
    3. The Public Law – Private Law Distinction in European and United States Law
    4. How Others Do it: The French and German Judiciaries
    5. Judicial Responsibility in the United States
    6. The French Deviation
    7. The Italian Style I: Doctrine
    8. The Italian Style II: Law
    9. The Italian Style III: Interpretation
    10. When Courts Collide: Constitution and Cassation in Italy.
    11. Ownership and Estate: Variations on a Theme by Lawson
    12. Toward a Comparative Study of the Sale of Land
    13. The inter vivos Transfer of Land
    14. Policy, Autonomy, and the numerous clauses in Italian and American Property Law
    15. Comparative Law and Social Change: On the Origins, Style, Decline and Revival of the Law and Development Movement
    16. Comparative Law and Scientific Explanation
    17. Population, Civil Litigation and Legal Science
    18. Foreign Law as a Problem
    Volumes