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This book takes a novel approach to the area of comparative legal study by identifying eight orienting propositions that together inform the study of “comparative law”, or as this book tends to prefer, “comparative legal systems.” Thus, this book is not so much a recitation and summary of comparative law concepts, but rather an operational road map for approaching the area. Taken together, the eight propositions reflect certain central themes that define the area for scholars while offering practitioners and informed observers a guide for understanding and navigating the forces shaping the evolving international legal environment. A book tailored to provide a basis for understanding the role of comparative legal study in an increasingly interconnected world.
Table of contents
Chapter 1 Comparative Legal Systems as a legal lens through which to examine patterns of continuity and change in the international legal environment
Chapter 2 Legal and normative pluralism
Chapter 3 The classical inquiry focusing on the civil law-common law divide
Chapter 4 Mixed legal systems – Definition and relevance to legal convergence
Chapter 5 Legal transplants as a vehicle for legal evolution
Chapter 6 Rule of law, legal systems and economic development
Chapter 7 The role of international arbitration in “denationalising” legal systems
Chapter 8 A revised approach to comparative law