Jan M. Smits – författare

In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship.Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture.Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.

Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries' legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners. Contributors: M. Abe, D. Bradley, W. Bull, W.E. Butler, R. Caterina, M. Claes, H. Cousy, E. Dacoronia, G.-R. de Groot, M.J. de Waal, H. Dedek, M. Deturbide, R. Dotevall, J.E. du Plessis, M.G. Faure, B. Fauvarque-Cosson, J. Fedtke, F. Ferrari, A. Fournier, J. Fu, D. Geradin, H.P. Glenn, M. Gondek, J. Gordley, J. Hage, B. Havel, J.H. Herbots, V. Heutger, G. Howells, E.J. Hughes, M. Hunter-Henin, J. Husa, N. Jansen, M.T. Kamminga, A.J. Kanning, S.M. Kroll, P. Letto-Vanamo, S.D. Lindenbergh, G. Lubbe, B. Lurger, L. Macgregor, H.L. MacQueen, U. Magnus, K. Mayer, R. Michaels, J.M. Milo, H. Muir Watt, J. Neethling, H.P. Nehl, D. Nelken, L. Nottage, C. O'Cinneide, A.E. Orucu, V.V. Palmer, F. Pennings, P. Pichonnaz, B. Pozzo, L. Rademacher, G. Samuel, M.J. Schermaier, M. Schmidt-Kessel, E. Schrage, G. Shalev, L. Slepaite, D. Smith, J.M. Smits, Z.D. Tarman, V. Thuronyi, M. Torsello, J.H.M. van Erp, N. Van Leuven, C.H. van Rhee, L. van Vliet, A. Vaquer, R. Verhagen, R. Verkerk, D. Visser, S. Vogenauer, M. Vranken, S. Weatherill, T. Weigend, B. Wessels, C.A. Williams, J. Ziller, P. Zumbansen

In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship.Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture.Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.Key features include:succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alikewritten in a clear and engaging styleample attention to the policy choices behind the rulesexamples from a wide range of jurisdictions in both Europe, the UK and the USplaces private law in its larger economic and societal contextaddresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generationsconsiders how the field could develop in the future.Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.Key features include:succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alikewritten in a clear and engaging styleample attention to the policy choices behind the rulesexamples from a wide range of jurisdictions in both Europe, the UK and the USplaces private law in its larger economic and societal contextaddresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generationsconsiders how the field could develop in the future.Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.

Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include:Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract lawDraws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyondFocuses on legal method as well as substantive lawAttractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information.With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.

Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include:Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract lawDraws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyondFocuses on legal method as well as substantive lawAttractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information.With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.

Bringing together over 260 authors from 50 countries, the Encyclopedia of Comparative Law is the most comprehensive reference work in the field of comparative law.The Encyclopedia provides a unique collection of entries, written by authorities in their field, on the current state of this ever-emerging discipline. Entries provide unique insights into not only classical themes within the field but also expand the comparative method to many new topics - showing the way ahead for future scholarship. In addition, many topics are placed within a broader context, with attention given to aspects of social science, economics and anthropology.Entries are alphabetically arranged, covering topical aspects of comparative law as well as country reports addressing the world’s most important jurisdictions. The Encyclopedia is an indispensable source of information for anyone dealing with comparative and international aspects of the law.Key Features:A comprehensive range of over 225 substantive entriesEntries organised alphabetically for ease of navigationFully cross-referencedSpecial focus on methods used in comparative scholarshipEntries written by the world’s foremost scholars of comparative lawWorld class editorial team