Suchergebnisse

This article will propose that comparative law as a discipline should now consolidate itself as an independent subject with its own internal structure. This is not to say that its teachers and professors should abandon, or at least fully abandon, their "gift of freedom".1 Nor is it to confuse comparative law with other more specific law subjects which may be taught in a comparative way.2 What this article will propose is that comparative law be envisaged as a subject basically operating at two levels (or consisting of two parts). At one level it consists of the now considerable literature on the subject, including of course the work which envisages the subject in terms of legal families. At another level, however, comparative law should be envisaged as being concerned with the theoretical underpinning of the terms "comparative" and "law". This part, in other words, would deal with these terms as instruments of knowledge. What is it to have knowledge of "law"? And what contribution does "comparison" make to this epistemo-logical question?

Introduction / Antonina Bakardjieva Engelbrekt and Joakim Nergelius -- Legal change and economic performance : an assessment / Gianmaria Ajani -- Legal cartography and comparative law / Per Bergling -- Development assistance in the legal field : promotion of market economy v human rights / Michael Bogdan -- Can human rights be exported? On the very idea of human rights transplantability / Claudio Corradetti -- 'Cut-and-paste'? Rule of law promotion and legal transplants in war to peace transitions / Richard Zajac Sannerholm -- Ontological and epistemological complexity in comparative constitutional law / Otto Pfersmann -- European constitutional law : its notion, scope and finalities / Rainer Arnold -- Governmental accountability in autonomies : Åland islands in comparison with select autonomies in Europe and elsewhere / Markku Suksi -- Viability of constitutional/non-constitutional Comparison / Johan Lindholm -- Comparative aspects of fundamental rights in Germany and Central and Eastern Europe : the example of Ukraine / Kateryna Karpova -- Making the Principles of European Contract Law : theoretical and methodological aspects / Ole Lando -- The questionable questionnaire : reflections on comparative law method in light of the Principles of European Tort Law / Marten Schultz -- Legal services in conveyancing : a European comparison / Christoph U. Schmid -- Constitutionalization of private law / Anna Lytvynyuk -- Toward an institutional approach to comparative economic law? / Antonina Bakardjieva Engelbrekt -- Modern comparative law : the forces behind and the challenges ahead in the age of transnational harmonisation / Peter -Christian Müller-Graff