Comparative Law

A COMPREHENSIVE NEW TREATISE ON COMPARATIVE LAW FROM OUP An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” Professor Uwe Kischel succinctly introduces his subject with these words: “many attorneys, law students, judges and legal scholars feel a need to look beyond the narrow national boundaries of their profession, to take a closer look at foreign law, and at the way foreign lawyers think”. How right he is! Comparative law studies have been of increasing interest recently with global issues underpinning so much of what we do today. So, this new title from OUP arrives at just the right time as we begin to shape our legal structures for the 2020s. This is a long book of around 1,000 pages which has been translated from German where Kischel is Mercator Professor of Public Law, European Law, and Comparative Law at the University of Greifswald. The translator is Andrew Hammel who has undertaken this major enterprise as “an indefatigable translator of rare gifts”. Without doubt, Uwe’s work is rightly described by OUP as a “comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship”. We could not put it better ourselves! The book is divided into different parts, the first covering general aspects of comparative law. The controversial question of methods is addressed in detail with an explanation and discussion of different approaches taken, and by the development of a contextual approach which investigates and engages in real-world issues and offers a useful “practitioner's angle on contemporary comparative legal scholarship”. In the second part of the book, the reader is offered a detailed treatment of the major legal contexts across the globe. It reviews what you will probably be looking for, including the common law and civil law systems coming from Germany and France as well as case studies of Eastern Europe, Scandinavia, and Latin America in addition to other systems. The handbook reviews the African context, specifically emphasizing custom, Asian jurisdictions, Islamic law and law in Islamic countries (plus a useful commentary on Jewish law and canon law), and finally transnational contexts covering public international law, European Union law, and “lex mercatoria”. What we get here is a work which gives us “a coherent treatment of global legal systems”. Its aim is not only to depict their varying norms and legal institutions but to offer a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice which it does in spades. The date of publication of this hardback book is cited as at 28th February 2019.

A COMPREHENSIVE NEW TREATISE ON COMPARATIVE LAW FROM OUPAn appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”Professor Uwe Kischel succinctly introduces his subject with these words: “many attorneys, law students, judges and legal scholars feel a need to look beyond the narrow national boundaries of their profession, to take a closer look at foreign law, and at the way foreign lawyers think”. How right he is!Comparative law studies have been of increasing interest recently with global issues underpinning so much of what we do today. So, this new title from OUP arrives at just the right time as we begin to shape our legal structures for the 2020s.This is a long book of around 1,000 pages which has been translated from German where Kischel is Mercator Professor of Public Law, European Law, and Comparative Law at the University of Greifswald. The translator is Andrew Hammel who has undertaken this major enterprise as “an indefatigable translator of rare gifts”.Without doubt, Uwe’s work is rightly described by OUP as a “comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship”. We could not put it better ourselves!The book is divided into different parts, the first covering general aspects of comparative law. The controversial question of methods is addressed in detail with an explanation and discussion of different approaches taken, and by the development of a contextual approach which investigates and engages in real-world issues and offers a useful “practitioner's angle on contemporary comparative legal scholarship”.In the second part of the book, the reader is offered a detailed treatment of the major legal contexts across the globe. It reviews what you will probably be looking for, including the common law and civil law systems coming from Germany and France as well as case studies of Eastern Europe, Scandinavia, and Latin America in addition to other systems.The handbook reviews the African context, specifically emphasizing custom, Asian jurisdictions, Islamic law and law in Islamic countries (plus a useful commentary on Jewish law and canon law), and finally transnational contexts covering public international law, European Union law, and “lex mercatoria”.What we get here is a work which gives us “a coherent treatment of global legal systems”. Its aim is not only to depict their varying norms and legal institutions but to offer a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice which it does in spades.The date of publication of this hardback book is cited as at 28th February 2019.