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Comparative Law: Mixes, Movements, and Metaphors

Comparative Law: Mixes, Movements, and Metaphors

Author: Sean Patrick Donlan; Jane Mair
Publisher: Routledge
ISBN: 9781138390690
Published In: December 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as illustration but as a core element of comparative methodology.

Of Mixes, Movements, and Metaphors: Esin Örücü’s Critical Comparative Law - Seán Patrick Donlan and Jane Mair

Island, Intersection, or In-Between? Legal Hybridity and Diffusion in the Seychellois Legal Tradition, c1715-1950 - Seán Patrick Donlan and Mathilda Twomey, CJ

Legislating for customary land tenure: a comparative query - Sue Farran

Fairness and diversity in the South African law of contract - Jacques du Plessis

On Kites and Ships: Climate Changes in Comparative Law and Judicial Navigation - Werner Menski

On Lifelong and Fixed-term Marriage: a Study in Estrangement - Jan M. Smits

What is the role of norms and values in the reception of law? - Richard de Mulder and Helen Gubby

The Influence of the trias politica of Montesquieu on the first Dutch Constitution - Emese von Bóné

A Legal Transplant: French Law in Dutch Shallow Waters - Tammo Wallinga

The Rule of Law in Turkey: Two Steps Forward One Step Back - Mustafa Koçak

The Method of Comparative Law reconsidered in the light of Legal Epistemology and the Reception of Roman law - Laurens Winkel

Hybrid Law and Culinary Metaphor – Empty Coquetting or Something Else? - Jaakko Husa