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Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.

Comparative law --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative

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Law --- Common law --- Comparative law. --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Anglo-American law --- Law, Anglo-American

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International private law --- Conflict of laws --- Comparative law --- International law --- Comparative law. --- Conflict of laws. --- International law. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Choice of law --- Intermunicipal law --- International law, Private --- Private international law --- Legal polycentricity --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Civil law

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Conflict of laws --- Successions et héritages (Droit international privé) --- Inheritance and succession --- Comparative law. --- Inheritance and succession. --- Successions et héritages (Droit international privé) --- Comparative law --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Droit international privé --- Successions et héritages --- Conflict of laws - Inheritance and succession. --- Conflit de juridictions --- Juridiction

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Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.

Comparative law --- Knowledge, Theory of --- Law --- Methodology --- Epistemology --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Comparative law - Methodology - Congresses --- Knowledge, Theory of - Congresses --- Law - Methodology - Congresses --- Acqui 2006 --- Méthodologie du droit comparé --- Epistémologie du droit comparé --- Système juridique --- Unification du droit