THE functional method has become both the mantra and the bête noire of comparative law.
For its proponents it is the most, perhaps the only, fruitful method; 1 to its opponents it …

Now in its second edition, this textbook presents a critical rethinking of the study of
comparative law and legal theory in a globalising world, and proposes an alternative model …

This fully revised and updated second edition of The Oxford Handbook of Comparative Law
provides a wide-ranging and diverse critical survey of comparative law at the beginning of …

The 50th anniversary of the American Journal of Comparative Law, founded at the University
of Michigan by Hessel Yntema in 1952, is an appropriate occasion to look back at the …

An ethical legal Orientalism attends to the conditions of legal subject formation: rather than
positing the Chinese as simply lacking legal subjectivity, it allows for the possibility of …

Preface in order to develop a suitable methodology of comparative law, one needs a better
view on the methodology of legal scholarship within domestic legal systems. also, within the …

Presenting a critique of conventional methods in comparative law, this book argues that, for
comparative law to qualify as a discipline, comparatists must reflect on how and why they …

Viewing the contested theme Comparative Law as an'Enigma', this book explores its
fundamental issues as sub-themes, each covered in two variations. After the Overture, the …

Comparing constitutions means having to cope with problems of understanding that which is
unfamiliar and constructing a variety of texts. A layered narrative is a way to address these …

ABSTRACT F unctionalism is still the dominant method of comparative legal studies. This,
however, is not the case because functional analysis is particularly well suited for the needs …