A Cosmopolitan Jurisprudence
Essays in Memory of H. Patrick Glenn

Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

Helge Dedek (Edited by)

9781108841726, Cambridge University Press

Hardback, published 16 December 2021

300 pages
23.6 x 15.8 x 2.3 cm, 0.612 kg

H. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.

Introduction: Where the 'Real Action' Is: From Comparative Law to Cosmopolitan Jurisprudence
Part I. The Tradition of 'Comparative Law': Context, History, Promise: 1. How to Do Comparative Law: Some Lessons to Be Learned Mauro Bussani
2. The 'Comparative Method' at the Roots of Comparative Law Giorgio Resta
3. The Value of Micro-Comparison John Bell
4. Sociocultural Challenges for Comparative Legal Studies in Mixed Legal Systems Esin Örücü
5. Breaking Barriers in Comparative Law Michele Graziadei
Part II The Concept of Tradition: Potential and Challenges: 6. Too Much Information Martin Krygier
7. Legal Systems as Legal Traditions Catherine Valcke
8. Learning from Patrick Glenn: Tradition, Change, and Innovation David Nelken
9. The Sunni Legal Tradition: An Overview of Pluralism, Formalism, and Reform Ahmed Fekry Ibrahim
10. Commensurability, Comparative Law, and Confucian Legal Tradition Marie Seong-Hak Kim
Part III. Crossing Boundaries: Cultural Transfer, Legal Cosmopolitanism, and the Dissolution of the State: 11. The School of Salamanca: A Common Law? Thomas Duve
12. The Un-Common Law Vivian Grosswald Curran
13. The Fabric of Normative Translation in Law Ko Hasegawa
14. Statehood as Process: The Modern State Between Closure and Openness Gunnar Folke Schuppert
15. Cosmopolitan Attachments Neil Walker.

Subject Areas: Legal system: general [LNA], Comparative law [LAM]