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Very Short Introductions #743
Comparative Law: A Very Short Introduction
Very Short Introductions : Brilliant, Sharp, Inspiring
Comparative A Very Short Introduction aims to offer a concise introduction to Comparative Law―its objectives, methods, concepts and uses. After an overview of the fundamental definitions, key concepts and basic lexicon of the discipline, the book proposes an analysis of the most successful techniques adopted in legal comparison for mapping the world's legal systems and for explaining legal change and diffusion of law, also giving a concise description of the legal traditions of the world.
It also offers an account of the competing approaches adopted over time in comparative endeavours, from functionalism to culturalism and postmodernism, and highlights the different emphasis placed by each of these approaches on commonalities, faith in universal law and convergence, or on divergence and irreducible differences. Finally, the book provides readers with an understanding of the practical use of comparative law, describing how legal comparison is employed both in law-making and in adjudication, supplementing legal reasoning and interpretation.
ABOUT THE The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Comparative A Very Short Introduction aims to offer a concise introduction to Comparative Law―its objectives, methods, concepts and uses. After an overview of the fundamental definitions, key concepts and basic lexicon of the discipline, the book proposes an analysis of the most successful techniques adopted in legal comparison for mapping the world's legal systems and for explaining legal change and diffusion of law, also giving a concise description of the legal traditions of the world.
It also offers an account of the competing approaches adopted over time in comparative endeavours, from functionalism to culturalism and postmodernism, and highlights the different emphasis placed by each of these approaches on commonalities, faith in universal law and convergence, or on divergence and irreducible differences. Finally, the book provides readers with an understanding of the practical use of comparative law, describing how legal comparison is employed both in law-making and in adjudication, supplementing legal reasoning and interpretation.
ABOUT THE The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
- GenresLaw
176 pages, Paperback
Published December 14, 2023
6 people are currently reading
52 people want to read
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Displaying 1 - 3 of 3 reviews
April 20, 2024
Contents: The book opens by describing when the discipline of comparative law was established in 1900 with a conference in Paris. It distinguishes Comparative Law (similarities and differences of national law) in contrast to international law. Most of the book's content is dedicated to:
- explaining what comparative law is, in the abstract
- explaining why comparisons of law are difficult to make
- describing how earlier published efforts in comparative law produced results that don't stand up
Only a small fraction of this book attempts to make actual comparisons of law from different jurisdictions. The first comparison that it relates comes from the mid-1900s and compares four types of law: i) continental European Civil Law, ii) Common Law (from England and its descendants), iii) law used in the USSR & satellites and iv) a catch-all category. It then proceeds with a more modern model that begins with the first two: Civil Law and Common Law and then includes several more: Folk/oral systems, traditional African systems, Talmudic law, Islamic Law, Hindu Law and Confucian Law.
Analysis: The book's contents leave one to wonder: why would somebody write a book on Comparative Law and then mostly shy away from comparing actual legal systems? Given the author's repeated criticism of earlier comparisons that have been made, the mostly likely explanation seems to be fear that making more than superficial observations might lead readers (and academic colleagues) to disagree with the conclusions in this book. So it's the politician's approach: if I don't take a definite stance, I can't be criticized for what I say. This is not a good approach for a book that purports to convey information to readers who choose such a book because they want concrete and thoughtful comparisons of legal systems. On another note, the book is dedicated to civil law with only a few very brief mentions of criminal law - a topic whose comparison could have been very interesting. Predictably, the near absence of matters of criminal law and the reason for its exclusion is not directly addressed.
- explaining what comparative law is, in the abstract
- explaining why comparisons of law are difficult to make
- describing how earlier published efforts in comparative law produced results that don't stand up
Only a small fraction of this book attempts to make actual comparisons of law from different jurisdictions. The first comparison that it relates comes from the mid-1900s and compares four types of law: i) continental European Civil Law, ii) Common Law (from England and its descendants), iii) law used in the USSR & satellites and iv) a catch-all category. It then proceeds with a more modern model that begins with the first two: Civil Law and Common Law and then includes several more: Folk/oral systems, traditional African systems, Talmudic law, Islamic Law, Hindu Law and Confucian Law.
Analysis: The book's contents leave one to wonder: why would somebody write a book on Comparative Law and then mostly shy away from comparing actual legal systems? Given the author's repeated criticism of earlier comparisons that have been made, the mostly likely explanation seems to be fear that making more than superficial observations might lead readers (and academic colleagues) to disagree with the conclusions in this book. So it's the politician's approach: if I don't take a definite stance, I can't be criticized for what I say. This is not a good approach for a book that purports to convey information to readers who choose such a book because they want concrete and thoughtful comparisons of legal systems. On another note, the book is dedicated to civil law with only a few very brief mentions of criminal law - a topic whose comparison could have been very interesting. Predictably, the near absence of matters of criminal law and the reason for its exclusion is not directly addressed.
July 8, 2024
This was a really cool book that gave a *very* survey level intro to comparative law, as the title would suggest. What I love so much about this book is that it goes into various debates, topics, and challenges facing comparative law, and at the end of the book there are several pages of recommended reading for each chapter/topic covered. If you're interested in digging into comparative law, this book is excellent. However, if you are expecting this book to be a one-stop-shop of the topic you will be sorely disappointed. It is meant to be an introduction to a larger exploration, and it must be approached in that way.
September 13, 2024
Professors of Comparative Law Sabrina Ragone and Guido Smorto published Comparative Law: A Very Short Introduction in 2023. The book contains illustrations. The book has a section entitled “References and further reading” (Ragone & Smorto 131-142). Ragone and Smorto write, “in principle, comparative law encompasses the following operations: the comparative assessment of entire legal systems or specific laws, regulations, judgments, and customs to unveil similarities and differences” (Ragone & Smorto 3-4). Ragone and Smorto writes “the study of how legal solutions are imitated, transplanted, accepted, and rejected in other countries or social groups. The methodological issues arising from the study of different legal systems, families, and traditions” (Ragone & Smith 4). Modern comparative law as an academic field began at “the Paris World Exhibition in 1900” (Ragone & Smith 1). The book covers “classifying legal system” in the field of comparative law (Ragone & Smith 18-37). The book covers the methodology of comparative law and the different ways of viewing laws (Ragone & Smith 67). The book covers different theories of “sameness and difference” in the field of comparative law (Ragone & Smith 92-106). The book covers how comparative law is used in the real world. The book covers ideas about the future of comparative law (Ragone & Smith 127-130). The book has an index. Ragone’s and Smorto’s book is a well-done introduction to comparative law.
Displaying 1 - 3 of 3 reviews