Comparing Law
Comparative Law as Reconstruction of Collective Commitments

Reconstructs existing comparative law scholarship into a coherent analytic framework so as to both fend off current charges of theoretical arbitrariness and guide future work.

Catherine Valcke (Author)

9781108470063, Cambridge University Press

Hardback, published 25 October 2018

242 pages
23.5 x 15.6 x 1.8 cm, 0.47 kg

'One can only thank Catherine Valcke for having contributed so meaningfully to this new, and much-needed, trend.' Luca Siliquini-Cinelli, Edinburgh Law Review

The enterprise of comparative law is familiar, yet its conceptual whereabouts remain somewhat obscure. Comparing Law: Comparative Law as Reconstruction of Collective Commitments reconstructs comparative law scholarship into a systematic account of comparative law as an autonomous academic discipline. The point of that discipline is neither to harmonize world law, nor to emphasize its cultural diversity, but rather to understand each legal system on its own terms. As the proposed reconstruction exercise involves bridging comparative law and contemporary legal theory, it shows how comparative law and legal theory both stand to benefit from being exposed to each other. At a time when many courses are adding a transnational perspective, Valcke offers a more theoretical, broadened, and refreshed view of comparative law.

Prologue: the 'malaise' of comparative law
1. Law
2. Legal systems
3. Engaging with legal systems – epistemology
4. Delineating legal systems – geography
5. Comparing legal systems – methodology
Epilogue: the 'academic discipline' of comparative law.

Subject Areas: Comparative law [LAM], Jurisprudence & philosophy of law [LAB], Law [L]