
Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.
This work investigates the methodologies and structural frameworks that define comparative legal scholarship in a globalized world. Uwe Kischel, a professor of law, utilizes his extensive academic background to synthesize complex legal traditions into a coherent analytical framework. The book argues for a contextual approach that moves beyond mere description of norms to examine how cultural and historical environments shape legal practice and institutional development.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a foundational, comprehensive treatise for understanding the mechanics of global legal systems. Readers often note the academic density of the prose, which serves as a rigorous resource for advanced students and professionals in the field.
Page Count:
956
Publication Date:
2019-01-01
Publisher:
OUP Oxford
ISBN-10:
0192508873
ISBN-13:
9780192508874
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