A Cosmopolitan Jurisprudence: Essays in Memory of H. Patrick Glenn

Comparative Law

A Cosmopolitan Jurisprudence: Essays in Memory of H. Patrick Glenn

By Helge Dedek
Cambridge University Press December 2021

Specifications

ISBN-13
9781108841726
Publisher
Cambridge University Press
Publication
December 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Paperback

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H. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.

Table of Contents

Introduction: Where the 'Real Action' Is: From Comparative Law to Cosmopolitan Jurisprudence
Part I. The Tradition of 'Comparative Law': Context, History, Promise:
1. How to Do Comparative Law: Some Lessons to Be Learned
Mauro Bussani
2. The 'Comparative Method' at the Roots of Comparative Law
Giorgio Resta
3. The Value of Micro-Comparison
John Bell
4. Sociocultural Challenges for Comparative Legal Studies in Mixed Legal Systems
Esin Örücü
5. Breaking Barriers in Comparative Law
Michele Graziadei
Part II. The Concept of Tradition: Potential and Challenges:
6. Too Much Information
Martin Krygier
7. Legal Systems as Legal Traditions
Catherine Valcke
8. Learning from Patrick Glenn: Tradition, Change, and Innovation
David Nelken
9. The Sunni Legal Tradition: An Overview of Pluralism, Formalism, and Reform
Ahmed Fekry Ibrahim
10. Commensurability, Comparative Law, and Confucian Legal Tradition
Marie Seong-Hak Kim
Part III. Crossing Boundaries: Cultural Transfer, Legal Cosmopolitanism, and the Dissolution of the State:
11. The School of Salamanca: A Common Law?
Thomas Duve
12. The Un-Common Law
Vivian Grosswald Curran
13. The Fabric of Normative Translation in Law
Ko Hasegawa
14. Statehood as Process: The Modern State Between Closure and Openness
Gunnar Folke Schuppert
15. Cosmopolitan Attachments
Neil Walker
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