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Comparative Law in the Courtroom and Classroom
By
Basil Markesinis,
Description
This book presents
an original, deliberately controversial and, at times, disturbing
appraisal of the state of comparative law at the beginning of the
21st century: its weaknesses, its strengths, and its protagonists
(most of whom were personally known to the author) during the
preceding thirty-five years. It is also a reminder of the unique
opportunities the subject has in our shrinking world. The author
brings to bear his experience of thirty-five years as a teacher of
the subject to criticise the impact the long association with Roman
law has had on the orientation and well being of his subject. With
equal force, he also warns against some modern trends linking it with
variations of the critical legal studies movement, and urges the
study of foreign law in a way that can make it more attractive to
practitioners and more usable by judges. At the end of the day, this
monograph represents a passionate call for greater intellectual
co-operation and offers one way of achieving it. A co-operation
between practitioners and academics on the one hand and between
Common and (modern) Civilian lawyers on the other, in an attempt to
save the subject from the marginalisation it suffered in the 1980s
and from which the globalisation movement of the 21st century may be
about to deliver it.
This is an
amusing, stimulating, and sometimes controversial work by an
outstanding scholar. Professor Markesinis\\\\\\\'s book is clear, well
documented and displays great learning... There is no room for doubt
that he has written an illuminating and sometimes provocative book,
which will be found very rewarding by the large majority of those who
purchase it.\\\"
Frank Wooldridge,
International and Comparative Law Quarterly, January 2004
Sir Basil
Markesinis,QC, LL.D. (Cantab.) DCL (Oxon) D. Iur h.c. (Ghent, Paris I
(Sorbonne) and Munich), is Professor of Common and Civil Law at
University College London and Jamail Regents Chair at the University
of Texas at Austin.
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