Comparative law Books

Book SynopsisTraditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR’s coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.Trade ReviewThis volume is an excellent example of a critical examination of the jurisprudence of the ECHR. It not only provides clarity about their guidelines, justification and implications in an area that is gaining in importance, but also provides impetus for further development as well as references to possible limits and risks of the concept of criminal law protection obligations. -- Philip Czech * Newsletter Menschenrechte (Bloomsbury translation) *This volume demonstrates, in a holistic way, how coercive human rights duties have inevitably generated tensions with some of the more ‘orthodox’ concerns of human rights law … It also offers a solid basis from which to reappraise concrete developments related to the criminal law (enforcement) tools that are capable of affording effective redress for human rights violations and determine individual criminal liability. * Europe des Droits & Libertés *Table of Contents1. Coercive Human Rights: Introducing the Sharp Edge of the European Convention on Human Rights Natasa Mavronicola and Laurens Lavrysen PART I KEY THREADS IN ECtHR DOCTRINE 2. Positive Obligations and the Criminal Law: A Bird’s-Eye View on the Case Law of the European Court of Human Rights Laurens Lavrysen 3. Positive Obligations and Coercion: Deterrence as a Key Factor in the European Court of Human Rights’ Case Law Paul Lemmens and Marie Courtoy PART II PERSPECTIVES ON VICTIMS’ PROTECTION AND REDRESS 4. Retribution through Reparations? Evaluating the European Court of Human Rights’ Jurisprudence on Gross Human Rights Violations from a Victim’s Perspective Alina Balta 5. Shaping Coercive Obligations through Vulnerability: The Example of the ECtHR Corina Heri 6. Criminal Law Responses to Hate Speech: Towards a Systematic Approach in Strasbourg? Stephanos Stavros PART III CRITICAL REFLECTIONS: THEORY, IMPACT, LIMITATIONS 7. Positive Obligations in View of the Principle of Criminal Law as a Last Resort Nina Peršak 8. Sowing a ‘Culture of Conviction’: What Shall Domestic Criminal Justice Systems Reap from Coercive Human Rights? Mattia Pinto 9. Coercive Overreach, Dilution and Diversion: Potential Dangers of Aligning Human Rights Protection with Criminal Law (Enforcement) Natasa Mavronicola 10. Separating Protection from the Exigencies of the Criminal Law: Achievements and Challenges under Article 4 ECHR Vladislava Stoyanova 11. The Limitations of a Criminal Law Approach in a Transitional Justice Context Brice Dickson PART IV UNCHARTED WATERS FOR THE ECtHR’S COERCIVE DUTIES DOCTRINE 12. Preventive Obligations, Risk and Coercive Overreach Liora Lazarus 13. Coercive Human Rights and Unlawfully Obtained Evidence in Domestic Criminal Proceedings Kelly M Pitcher Postscript: Coercive Human Rights in Times of Coronavirus Natasa Mavronicola and Laurens Lavrysen

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Book SynopsisThe principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.Trade Review[R]igorous in its attention to detail and demonstrates great adeptness in communicating the complexities of various regulatory regimes in a manner that is both informative and interesting. -- Paul Wragg, University of Leeds * Communications Law *This is an ambitious and authoritative monograph that has been thoroughly researched. It is without doubt a seminal piece of work that not only makes a valuable contribution to the free speech debate now but will, no doubt, continue to act as a catalyst and resource for further research and debate long into the future. Koltay has managed to adroitly balance in depth authoritative analysis with accessibility. Consequently, this book will not only be of huge value to academic and practising lawyers operating within the media law and human rights spheres, but will also be of interest to law students, philosophers, communication and journalism academics, journalists and other media professionals in the UK and internationally. -- Peter Coe, Institute of Advanced Legal Studies’ Information Law and Policy Centre, University of London * Entertainment Law Review *Table of Contents1. The Foundations of Free Speech and Freedom of the Press I. Freedom of Speech in the Age of the Internet II. The Category of ‘Speech’ and the Scope of Protection III. Limitation of the Freedom of Speech IV. Freedom of the Press and Media Regulation 2. The Regulation of the Internet and its Gatekeepers in the Context of the Freedom of Speech I. Online Content Providers as ‘Media’ II. The Regulation of Internet Gatekeepers 3. Internet Service Providers I. Introduction II. Obligations of the Internet Service Providers Regarding Illegal Content III. The Problem of Network Neutrality IV. Censorship by Internet Service Providers 4. Search Engines I. Introduction – The Role of Search Engines in Online Public Sphere II. Search Results as Speech III. The Liability of Search Engines for Violations of Personality Rights IV. The Manipulation of Search Results V. Summary 5. Social Media Platforms I. Introduction II. Social Media Platforms and the Democratic Public Sphere III. The Regulation of Platforms by Legislation IV. Private Regulation by Platforms V. Summary 6. Gatekeepers’ Responsibility for Online Comments I. The Case of Online Comments II. The European Court of Human Rights Case Law Relating to Comments – Overview III. The Relevant Criteria in the Cases before the European Court of Human Rights IV. Main Criticism of the Jurisprudence of the European Court of Human Rights V. The Case of Social Media Comments VI. Summary 7. The Future of Regulating Gatekeepers I. Introduction II. Possible Interpretations of Existing Legal Doctrines Concerning the Public Sphere III. The Possible Models of Future European Regulation IV. Summary

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Book SynopsisLandmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.Trade ReviewLandmark Cases in Defamation Law is a rich source of learning in respect of the many important areas of defamation with which it deals. It is a valuable resource for judges, practitioners and students who have to deal with these areas. We owe a debt of gratitude to the contributors for enhancing our understanding of these areas of the law of defamation. -- Michael McHugh, Former Justice of the High Court of Australia * Media and Arts Law Review *Table of Contents1. Campbell v Spottiswoode (1863) Paul Wragg 2. Bonnard v Perryman (1891) David Rolph 3. Byrne v Deane (1937) Barbara McDonald 4. Kemsley v Foot (1952) Jason Boslan 5. Lewis v Daily Telegraph (1964) Eric Barendt 6. New York Times v Sullivan (1964) David Partlett 7. Uren v John Fairfax & Sons Pty Ltd (1966) Mark Lunney 8. Charleston v News Group Newspapers Ltd (1995) Ursula Cheer 9. Reynolds v Times Newspapers Ltd (1999) Hilary Young 10. Dow Jones & Company v Gutnick (2002) Kylie Pappalardo and Nicolas Suzor

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Book SynopsisThis collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law – legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey – have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.Table of ContentsForeword Preface List of Contributors Table of Cases Table of Legislation 1. Penn v Lord Baltimore, Paul Mitchell (University College London, UK) 2. Peninsular and Oriental Steam Navigation Co v Shand and Lloyd v Guibert (1865), Adrian Briggs (University of Oxford, UK) 3. Bell v Kennedy (1868) and Udny v Udny (1869), Elizabeth Crawford (University of Glasgow, UK) and Janeen Carruthers (University of Glasgow, UK) 4. Godard v Grey and Schibsby v Westenholz (1870), Joshua Folkard (Twenty Essex, UK) and Ian Bergson (Fountain Court Chambers, UK) 5. Phillips v Eyre (1870), Uglješa Grušic (University College London, UK) and Alex Mills (University College London, UK) 6. Abouloff v Oppenheimer (1882), Louise Merrett (University of Cambridge, UK) 7. AM Luther Co v James Sagor & Co (1921), Sir David Foxton (King’s Bench Division, UK) 8. Government of India v Taylor (1955), Alexander Layton KC (Twenty Essex, UK) 9. Taczanowska v Taczanowski (1957), Máire Ní Shúilleabháin (University College Dublin, Ireland) 10. The Eleftheria (1969), William Day (3 Verulam Buildings, UK) 11. Spiliada Maritime Corp v Cansulex Ltd (The Spiliada) (1987), Edwin Peel (University of Oxford, UK) 12. Societe Nationale Industrielle Aerospatiale v Lee Kui Jak (1987), Trevor Hartley (London School of Economics, UK) 13. Morguard Investments Ltd v De Savoye (1990), Stephen Pitel (Western Law, Canada) 14. Akai Ptd Ltd v The People’s Insurance Company Ltd (1996), Mary Keyes (Griffith University, Australia) 15. Canada Trust Co v Stolzenberg (No 2) (1998), Pippa Rogerson (University of Cambridge, UK) 16. Fiona Trust & Holding Corp v Privalov (2007), Sir Marcus Smith (Chancery Division, UK) 17. Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb (2020), David Joseph KC (Essex Court Chambers, UK) 18. Brownlie v Four Seasons Holdings Inc (2017) and Brownlie v FS Cairo (Nile Plaza) LLC (2021), Benjamin Phelps (2 Temple Gardens, UK) 19. Future Landmarks: Scanning the Horizon, Andrew Dickinson (University of Oxford, UK)

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Book SynopsisThis open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.Trade ReviewThe Making of Constitutional Democracy is a rich and sophisticated book. Its bibliographical apparatus is simply breathtaking. The depth of Sandro’s engagement with multiple areas of legal theory is remarkable … Sandro engages with constitutional theory, analytical jurisprudence, administrative law, and the philosophy of language with ease and rigor. -- Felipe Jiménez, USC Gould School of Law * American Journal of Jurisprudence *The book is a real learning experience. If you have accepted some of mainstream legal or political thinking, get ready to have several of your received ideas challenged on a sophisticated level … the book is a worthwhile addition to the literature on a number of key topics in legal theory and democratic theory. -- Barbara Levenbook * JOTWELL *Packed with interesting ideas. -- Lawrence Solum * Legal Theory Blog *[This] book ... tackles, with analytical clarity and rigour, an issue that is central to today’s jurisprudential debates: the distinction between law-creation and law-application ... Paolo Sandro puts forward a considerable series of arguments, many of them highly original (and, to my mind, conclusive), that ground the epistemological difference between these two activities and justify their division. His work constitutes, therefore, a major contribution to a fundamental issue: not just in philosophy of law, but in the theory of constitutional democracy as well. * Luigi Ferrajoli, Emeritus Professor of Philosophy of Law, University of Roma Tre, Italy *The book is excellently-sourced, always well-argued, and makes a case for a revival of philosophical interest in some fundamental truisms of legal and political theory: we can no longer assume to understand central concepts such as law-making, separation of powers, discretion, and application of law ... The book is also an exercise in transdisciplinary jurisprudence: here legal theory is in constant dialogue with the empirical findings in other areas of law and beyond. Sandro’s work is relevant, insightful and interesting. * Patricia Mindus, Professor in Practical Philosophy, Uppsala University, Sweden *Paolo Sandro ... appears to have read everything – and I do mean everything – in legal philosophy, political theory, and the philosophy of language. His book is not, however, a compendium of the views of others. It is, rather, chock full of original and innovative arguments, brought together in a spacious book of uncommon appeal. * Stanley L Paulson, Co-Director of the Hans Kelsen Forschungsstelle, University of Kiel, Germany *How does the distinction between creation and application of law bear upon the legitimacy of our constitutional democracies? Bringing the realist’s quandary about the indeterminacy of law to an examination of the conceptual and institutional features of constitutional democracy, Paolo Sandro’s unfailingly erudite yet remarkably accessible book literally has something for everyone in its answer to that question. Its wide-ranging, historically sensitive, and bridge-building analysis makes a compelling case for why a distinction upon which so many assumptions and practices of democratic constitutionalism turn demands a closer look. * Kristen Rundle, Professor of Law, University of Melbourne, Australia *Paolo Sandro ties together the role of law from its creation through its application to the ideals of constitutionalism and democracy. He systematically breaks down the role of law through a systematic approach that shows the breadth of the topic, while also expanding upon many of the elements necessary for constitutional democracy. * Democracy Paradox *Table of ContentsI. Aims and Structure of the Work 1. Law, Power, and Political Authority. On the Scope and Limitations of the Work I. Introduction II. Brief Methodological Remarks III. The Province of the Problem Determined: What is Law? IV. Politics, Political Power, Political Authority V. From Powers to Power. The Familiar Tale of the Ineluctability of the State A. And its Two-pronged Critique: Isonomia and ‘Early’ States VI. The Conditions of Existence of Political Authority: Insights from the Theory of Normative Orders 2. The Dependence of Constitutional Democracy on the Distinction between Creation and Application of Law I. Introduction II. The Contested Relationship between Law and Politics III. Law as lex and as ius: The Duality that Makes Constitutionalism Possible IV. From Constitutions to Constitutionalism: Narrowing the Focus of Constitutional Theory V. The (Proverbial) Tension between Democracy and Constitutionalism VI. Modern Constitutionalism as ‘Legal Otherness’ VII. The Two-fold Justificatory Dependence of Constitutional Democracy on the Idea of Application of Law 3. A Critical Evaluation of Moderate Legal Realism I. Introduction II. Realism vs Formalism III. Let Us be Realist about Adjudication. What do Judges Eat for Breakfast? IV. Realism and Realisms in Law: Meta-theory V. The Lowest Common Denominator of Legal Realism VI. The Two Axes of Rule-scepticism A. Radical-immanent Indeterminacy Thesis B. Radical-transcendental Indeterminacy Thesis C. Moderate-immanent Indeterminacy Thesis D. Moderate-transcendental Indeterminacy Thesis VII. The Unbearable Lightness of Moderate Scepticism 0 VIII. On the Normativity of Law, and On the Digestion of Judges 4. Towards a Unified Account of Discretion in Law I. Introduction II. HLA Hart and the Concept of Discretion. Back to the Future? III. Dworkin and the (Normative) No-Strong-Discretion Thesis IV. Discretion as a Pervasive Feature of Kelsen’s Stufenbaulehre V. Discretion as Balancing in Klatt (and Alexy) VI. The History of Discretion in the Administrative Domain VII. Administrative Discretion in Germany VIII. Discretion in the French-Italian Administrative Tradition IX. The Concept of Discretion in English Administrative Law X. Towards a Unifi ed Account of Discretion in Law A. Normative Discretion B. Interpretive Discretion XI. Conclusion 5. Law and Language and as Language. An Alternative Picture of a Multifaceted Relationship I. Introduction II. The Communicative Model of Law. A Two-way Affair? III. Beyond ‘What is Said’. Speech-act Theory and the Rise of Pragmatics in Legal Interpretation IV. First Objection: Law as Language, Law and Language(s) V. Second Objection: Speech-act vs Text-act Theory VI. Legal Texts as ‘Autonomous’ Text-acts VII. An Alternative Theory of Legal Meaning: Semantic Minimalism VIII. Prolegomena to a Theory of Legal Interpretation IX. Conclusion 6. Creation and Application of Law. An Analytical Distinction I. Introduction II. The Two Extremes: Rejecting vs Assuming the Distinction III. Kelsen on the Relativity of the Distinction between Creation and Application of Law IV. Creation of Law: Of the Typicality of Legal Rules V. The Principle of Legality as a (Semantic) Meta-norm on Law-creation and Law-application VI. Unpacking the Idea of ‘Application of Law’ VII. The Potential Asymmetry between Norm-following and Norm-application VIII. On the (Different) Normativity of Power-conferring Norms IX. Can only Officials Apply the Law? X. Form and Substance. Towards an Analytical Account of Law-application XI. Conclusion XII. PS One Final Objection: Interpretation, Interpretation, Interpretation! 7. The Separation of Powers. A Meta-theoretical Reassessment I. Introduction II. Genealogical Issues. When was the Separation of Powers ‘Invented’? III. A Twofold Meta-theoretical Ambiguity Plaguing the Discussion IV. The Justificatory Debate. Monism vs Pluralism V. Critical Approaches VI. The Separation of Powers as a Formal Theory and as a Normative Doctrine. On the Advantages of Maintaining a Strict Distinction A. The Formal Theory of the Separation or Division of Powers B. A Normative Doctrine of the Organisation of Political Power Based on the Distinction between Law-creation and Law-application VII. Conclusion

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Book SynopsisThis volume explores the state of representative democracy on the global stage. It does this against the backdrop of crises such as the USA Capitol attack on January 6, 2021, recent refusals to accept election results in various countries, and recent attempts to restrict the voting franchise, as well as longer-term trends such as the rise of populism and declining trust in political elites. The first substantive chapter examines representative democracy in theory, history and practice today. Taking the representative model as their point of departure, the subsequent chapters explore a range of themes in relation to this model.The contributions include timely reappraisals of democracy in countries, such as the United Kingdom and United States, with old, well-established democratic structures as well as analyses of the state of democracy in regions, such as Africa, Asia and South America, where democracy has had a more chequered history. Across all of its chapters, the book invites readers to rethink fundamental questions about representative democracy: Why is it valuable? How should it be organized? Do steps need to be taken to strengthen representative democracy, and if so, what are those steps? The volume's target audience politicians, public servants and interested members of the public will be provided with arguments and evidence to form their own views at a time when the ideals and practices of representative democracy are being challenged around the world, and new ideas and initiatives to revitalise it are being debated and implemented.

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Book SynopsisRecently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.Trade Review...a first class authority on contract law not only in the United Kingdom, but all throughout the common law world...the book not only sets out the law as it is today; it also has a strong historic component and shows how developments came about and what their roots are. For a real understanding, but also for teaching purposes, this is extremely valuable and almost indispensable...Common law lawyers will find all familiar aspects of what they expect from a book dealing with contract law. The book even deals with common law institutions unknown to German law...Even for German readers, it would be worthwhile and tempting to discuss almost every topic addressed in The German Law of Contract because the book is not only inspiring for common law lawyers, but for civil law lawyers as well. And what is more, in Germany the book could be, and already sometimes is, used by judges and practitioners to find reasonable advice when deciding their cases. Moreover, it makes an invaluable contribution to the discussions on the emerging European private law. It shows the solutions at which two influential legal systems, and especially their courts, have arrived in difficult cases. It also demonstrates the arguments on which they have relied. I am not aware of a German book on English contract law that reaches the same high scientific level as The German Law of Contract and fulfils at the same time all requirements that the needs of practical application request. The book must be strongly recommended to everyone interested in, and concerned with, contract law as well as comparative law. Professor Ulrich Magnus Tulane Law Review 565 (2006) Translation from German to English: The authors admirably and successfully convey the characteristics of German contract law and make the rich German legal culture accessible to the foreign lawyer. Hans Stoll Rabels Zeitschrift fur auslandisches und internationales Privatrecht 72 (2008)Table of Contents1. Introduction 2. The Formation of a Contract 3. The Content of a Contract 4. Relaxations to Contractual Privity 5. Validity 6. Setting the Contract Aside 7. The Doctrine of the Foundation of the Transaction 8. The Performance of a Contract 9. Breach of Contract: General Principles 10. Breach of Contract-Specific Contracts

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Book SynopsisThis innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Orucu, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.Trade Reviewundoubtedly an invaluable addition to the teaching arsenal of comparative law. Reza Banakar Professor, School of Law, University of Westminster, London International Journal of Law in Context Volume 5 Issue 1 (2009) In sum, the Handbook is not merely a reference work - a collection of informational pieces on the discipline - but also provides the average reader with a contemporary picture of comparative law. Jaakko Husa Maastricht Journal of European and Comparative Law 15:2 (2008) This new handbook is...very valuble, not only for the academic audience but also for students who may use this book instead of a traditional comparative law textbook. Mathias M. Siems The Edinburgh Law Review Vol 12 (2008) When it comes down to it, this Handbook is a worthy attempt to provide an accessible and useful overview of the fluid, contested and generally infuriating discipline of comparative law. ...this volume is undoubtedly a beneficial contribution to the literature in the field. Jennifer Hendry German Law Review Each chapter is introduced with a list of key words. A practical feature deemed particularly appropriate for students new to comparative law is a list [of] questions placed at the end of each chapter but before a bibliographical list including further reading. Moreover, the further reading given is sufficiently broad to be useful for novices and as well as more advanced comparative law scholars...this book offers the reader a valuable insight into contemporary debates on comparative law...The division of the Handbook into three sections is an accessible way of structuring the book. It enables the reader to gain a general understanding of the theoretical debates surrounding a subject area before seeing these debates applied in a field of substantive law...an excellent overview of twenty-first century debates and problems surrounding comparative law. Rebecca Zahn Web Journal of Current Legal Issues December 2008 The Handbook is a welcome addition to the literature. One of its benefits is that comparative law is put into context as it is considered from both theoretical and substantive perspective...A wide range of topics is covered and this will allow lecturers to 'pick and choose' whichever topics are most suited to their course. Dr Sylvie Langlaude Queen's University Belfast The African Journal of International and Comparative Law Vol. 16, No. 2, September 08 This collection of papers is as much an introduction to the challenges facing comparative law today, as it is an introduction to what it means to engage in interdisciplinary legal research. Reza Banakar International Journal of law of Context Volume 5, Issue 1 (2009)Table of ContentsI. Comparative Law at a Cross-roads 1. Comparative Law and Comparative Legal Studies David Nelken 2. Developing Comparative law Esin Orucu II. New Directions for Comparative Law 3. Globalisation and Comparative Law William Twining 4. Com-paring H. Patrick Glenn 5. Defining and Using the Concept of Legal Culture David Nelken 6. Is it so Bad to be Different? Comparative Law and the Appreciation of Diversity Roger Cotterell 7. The Economic Approach: Competition between Legal Systems Anthony Ogus 8. A General View of 'Legal Families' and of 'Mixing Systems' Esin Orucu 9. Beyond Europe Werner Menski III. New Territories for Comparative Law 10. Convergence of Private Law in Europe: Towards a New Ius Commune? Jan M Smits 11. Comparative Family Law: Moving with the Times? Masha Antokolskaia 12. Comparative Commercial Law: Rules or Context? Nicholas HD Foster 13. Administrative Law in a Comparative Perspective John Bell 14. Comparative Law in Constitutional Contexts Andrew Harding and Peter Leyland 15. Comparative Law for International Criminal Justice Paul Roberts 16. Judicial Comparativism and Human Rights Christopher McCrudden 17. Comparative Private Law in Practice: The Process of Law Reform Sjef Van Erp 18. Comparative Law in Practice: Courts and the Legislator Esin Orucu 19. A Project: Comparative Law in Action Esin Orucu Index

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