Guide The Evolution of Western Private Law

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The literature on legal families and on legal cultures and traditions is voluminous.

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In addition to the references already cited, the following are also useful and informative. Find this resource:. Esquirol, Jorge L. Riles, — Oxford: Hart Publishing, Glendon, Mary Ann, Paolo G. Carozza, and Colin Picker, eds. Comparative Legal Traditions: In a Nutshell. Glenn, Patrick. Cambridge: Cambridge University Press Cambridge, Heiss, Helmut. Von der Rechtskreislehre zur Typologie der Rechtskulturen?

Husa, Jaakko. Palmer, Vernon Valentine. Cambridge: Cambridge University Press, Siems, Mathias. Comparative Law.

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Smits, Jan, ed. Elgar Encyclopedia of Comparative Law 2d ed. Cheltenham: Edward Elgar, Van Hoecke, Mark, and Mark Warrington. For example, John Henry Wigmore distinguished between three different approaches: 1 nomoscopy describes foreign legal systems, 2 nomothetics analyzes the strong and weak points of systems, and 3 nomogenetics pays attention to the chronological development and the influences the systems have on each other. Paul, MN: West Publishing, , — Oxford: Oxford University Press, , 4—5.

Stockholm: Norstedts, , 79— See Heikki E. Farnham: Ashgate, , — Peter Cane and Herbert M. Kritzer Oxford: Oxford University Press, , —, at Jan Smits Elgar: Cheltenham, , 65— Glenn , — For example, we can see that in France, comparative law as a discipline arose as a counterreaction against formalism and the exegetical approach in the nineteenth century. However, since the s, this trend has changed, and comparative scholars have opened up to types of law other than Western law.

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They separated the following seven modern legal families les sept familles modernes de systems juridiques : French, German, Scandinavian, English, Russian, Islamic, and Hindu 49— Criteria in general, in turn, has been argued to be the constant problem for various taxonomic projects. See Glenn , Story-Scientia, , — See, e. Paris: Litec, There is no resolute attempt to classify and create taxonomy, but instead there is a typical Western-oriented approach where only Western or Western-influenced systems are taken into account.

This approach has deep roots in the continental European comparative law. But, as Van Hoecke says, this conception has become increasingly difficult.

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In the Introduction pp. See also Glenn , — So, the role of Islamic law in comparative law is not very straightforward at all. However, to combine comparative law with other disciplines is not necessarily easy or without risks. This special issue concentrated on the value of interdisciplinary scholarship for various kinds of comparative legal studies.

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Mark Van Hoecke Oxford: Hart, , — Cambridge: Cambridge University Press, , 3—18, at But this feature is certainly not a novelty in the discipline. See also Mattei : 15 explaining that actual systems never really perfectly correspond to a legal pattern and Husa , discussing fuzzy pictures and shadow images. Mattila , — Mattei : 13—14, Keith E. Whittington, R. Daniel Kelemen, and Gregory A. Mattila , from the viewpoint of legal language. Belling, J.

See H. Yet, this does not mean that the state would become meaningless but rather that domestic state law coexists with other legal orders and that there is no clear hierarchy between different orders—that is, legal pluralism appears on the global sphere. Davies , So, families and traditions may be different, but as macro-constructs, they nevertheless appear surprisingly similar; they do overlap to a significant degree. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use for details see Privacy Policy and Legal Notice.

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Sign in via your Institution. Sign in with your library card. Search within In This Article I. Introduction II. Past and Present 1. Older Classifications 2. The Paradigm and Its Critique 3.

New Trends III. Future Directions 1. Role in Comparative Methodology 2.

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Epistemic Role 3. Concluding Remarks Suggested Reading Notes.

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  5. Introduction The underlying idea that laws of different states, regions, nations, peoples, or cultures can be categorized and generalized into neatly organized theoretical constructs is widespread within the academic study of law. Past and Present By and large, Western comparative starts out with two central constructs: common law and civil law. Older Classifications Some things seem evident: classifications and groupings continually reflect the intellectual climate of the period in which they are created.

    We're sorry, something went wrong. Please try again. Watson explains why and how such change occurs in mature systems, in underdeveloped systems, and when legal systems of different levels of sophistication and from different societal roots-such as those of the Romans and of Germanic tribes-come into contact. Originally intended as a second edition of the author's widely acclaimed The Evolution of Law , this expanded edition has been completely restructured with more than double the number of examples.