Nyhet

Contrarian Jurists

The Story of Comparative Law and How Collisions Shaped It

AvJaakko Husa

Inbunden, Engelska, 2026

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Beskrivning

This book presents a unique study of the field of comparative law examining the key differences between schools and approaches and examining their contradictions.Comparative law is depicted in this book as a field of contrarians, jurists who tend to oppose or reject prevailing opinions or established practices. Contrarianism has made it exceedingly difficult to find one’s way in the field where there are drastically varying views on the basic issues.The book guides readers through divisive debates and disagreements and helps to draw useful conclusions. Instead of lamenting comparative law’s feeble place in the legal academia or fantasising about the supposed great future of a unified discipline, the book highlights the collisions and tracks their influence on the field. By focusing on tensions underlying the field, this book encourages readers to think critically while studying law comparatively.

Produktinformation

Utgivningsdatum:2026-05-28
Mått:154 x 236 x 18 mm
Vikt:680 g
Format:Inbunden
Språk:Engelska
Serie:Hart Publishing
Antal sidor:208
Förlag:Bloomsbury Publishing PLC
ISBN:9781509985562

Utforska kategorier

Komparativ rätt inom Juridik

Mer om författaren

Jaakko Husa is Professor of Law and Globalisation at the University of Helsinki, Finland.

Recensioner i media

Of all the sub-disciplines in legal study none is more disputed and disputatious with regard to its nature and purposes than comparative law. The approaches and the controversies have multiplied with the expansion of the subject to the point where this book is extremely timely. We have a plethora of different approaches and contexts, scholars with different purposes as well as fields of endeavour. As the most knowledgeable and accomplished of contemporary comparative law scholars, Jaakko Husa is especially qualified to confront in this book the problem of ‘Contrarian Jurists’, as he calls them. It is hard to think of anyone with his degree of compendious knowledge and wisdom of perspective to make sense of the patchwork quilt, as he calls it, of comparative law through its deep disagreements, and point the way to a pluralist future.

Innehållsförteckning

Preface1. Setting the Scene: Is Comparative Law Developing?2. Placing the Focus -Text, Action, Context3. A Question of Identity - A Tool or Something More?4. Private Law v Public Law and Beyond5. Talking About It vs Doing It6. The West and the Rest7. Area Experts and Generalists8. Functionalism - Proponents and Opponents9. Legal System - Closed or Open?10. Individualisers and Generalisers - Methodenstreit of Our Time?11. ‘For I am nothing, if not critical’ 12. Globalisation and Comparativism - Out of the Trenches?13. Outlook: Sailing the Seas of Diversity and Pluralism