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The Grand Strategy of Comparative Law: Themes, Methods, Developments

The Grand Strategy of Comparative Law: Themes, Methods, Developments

Author: Luca Siliquini-Cinelli; Davide Gianti; Mauro Balestrieri
Publisher: Routledge
ISBN: 9781032443911
Published In: April 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri.

Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice.

Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.

Foreword: A Note in Honour of Pier Giuseppe Monateri

Guido Calabresi

Introduction: Essays in Honour of Pier Giuseppe Monateri

Luca Siliquini-Cinelli

Part I – Comparative Law and Its Methods

1. Has Comparative Law Progressed?

Geoffrey Samuel

2. Comparative Law and Its Methods: Pier Giuseppe Monateri’s Dominus Mundi between Neoliberal Globalism and Authoritarian Liberalism

Luca Siliquini-Cinelli

3. Comparative Law Method and the Legal Formants as Catalysts of Normative Realities

Elena Ioriatti

4. The Comparatist and Plato’s Cave

Jaakko Husa

5. Why and How Courts Use Comparative Law

Mads Andenas, Duncan Fairgrieve, and Francesco Quarta

6. The Enigma of Law: Looking at Comparative Law through the Lenses of Legal Anthropology

Mauro Balestrieri

Part II - Comparative Private Law

7. Damages for Breach of Contract: The Legacy of Conceptualism

James Gordley

8. Deconstructing NFTs as Decentralised Digital Property

Massimiliano Granieri and Roberto Pardolesi

9. From the Mud Contract to the Crystal Contract: The Role of Good Faith in the Latin American Law of Contract

Leysser León Hilario

10. Paradigms and Operational Rules in Contract Law: ‘Theological Consensualism’ and the Theory of a ‘Juridical Theology’ Applied to the Consent Principle

Davide Gianti

11. Personal Injury in Peru: The Influence of Pier Giuseppe Monateri’s Contribution

Carlos Antonio Agurto Gonzáles and Juan Jesús Pablo Abanto

Part III - Law and Literature

12. Ars Justitiae: Vives and Vico on Law and Humanist Education

Jeanne Gaakeer

13. Beckett’s Weather Report

Pierre Legrand

14. From Shakespeare’s Othello to Alex Garland’s Ex Machina: The Technique of Suspicion

Daniela Carpi

15. ‘Set’

Gary Watt