Contrarian Jurists: The Story of Comparative Law and How Collisions Shaped It
Autor Jaakko Husaen Limba Engleză Hardback – 28 mai 2026
Comparative law is depicted in this book as a field of contrarians, jurists who tend to oppose or reject prevailing opinions or established practices. Contrarianism has made it exceedingly difficult to find one's way in the field where there are drastically varying views on the basic issues.
The book guides readers through divisive debates and disagreements and helps to draw useful conclusions. Instead of lamenting comparative law's feeble place in the legal academia or fantasising about the supposed great future of a unified discipline, the book highlights the collisions and tracks their influence on the field. By focusing on tensions underlying the field, this book encourages readers to think critically while studying law comparatively.
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Specificații
ISBN-13: 9781509985562
ISBN-10: 1509985565
Pagini: 304
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1509985565
Pagini: 304
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Cuprins
Preface
1. Setting the Scene: Is Comparative Law Developing?
2. Placing the Focus -Text, Action, Context
3. A Question of Identity - A Tool or Something More?
4. Private Law v Public Law and Beyond
5. Talking About It vs Doing It
6. The West and the Rest
7. Area Experts and Generalists
8. Functionalism - Proponents and Opponents
9. Legal System - Closed or Open?
10. Individualisers and Generalisers - Methodenstreit of Our Time?
11. 'For I am nothing, if not critical'
12. Globalisation and Comparativism - Out of the Trenches?
13. Outlook: Sailing the Seas of Diversity and Pluralism
1. Setting the Scene: Is Comparative Law Developing?
2. Placing the Focus -Text, Action, Context
3. A Question of Identity - A Tool or Something More?
4. Private Law v Public Law and Beyond
5. Talking About It vs Doing It
6. The West and the Rest
7. Area Experts and Generalists
8. Functionalism - Proponents and Opponents
9. Legal System - Closed or Open?
10. Individualisers and Generalisers - Methodenstreit of Our Time?
11. 'For I am nothing, if not critical'
12. Globalisation and Comparativism - Out of the Trenches?
13. Outlook: Sailing the Seas of Diversity and Pluralism
Recenzii
Of all the sub-disciplines in legal study none is more disputed and disputatious with regard to its nature and purposes than comparative law. The approaches and the controversies have multiplied with the expansion of the subject to the point where this book is extremely timely. We have a plethora of different approaches and contexts, scholars with different purposes as well as fields of endeavour. As the most knowledgeable and accomplished of contemporary comparative law scholars, Jaakko Husa is especially qualified to confront in this book the problem of 'Contrarian Jurists', as he calls them. It is hard to think of anyone with his degree of compendious knowledge and wisdom of perspective to make sense of the patchwork quilt, as he calls it, of comparative law through its deep disagreements, and point the way to a pluralist future.
Jaakko Husa is one of the most original and groundbreaking voices in contemporary comparative law, and Contrarian Jurists fully confirms the distinctive intellectual force of his scholarship. With exceptional clarity, sophistication, and intellectual depth, Husa leads the reader, chapter by chapter, through the major transformations that have shaped comparative law, showing how contrarianism has been not merely a recurring feature of the field but one of the forces driving its development. What emerges is a rich and compelling account of comparative law as a discipline animated by disagreement, shaped by clashes, contestation, and creative dissent, and enriched by the diversity and polycentrism that define it today. This is a brilliant, innovative, and deeply important book, a major contribution to contemporary comparative legal scholarship.
Jaakko Husa is one of the most original and groundbreaking voices in contemporary comparative law, and Contrarian Jurists fully confirms the distinctive intellectual force of his scholarship. With exceptional clarity, sophistication, and intellectual depth, Husa leads the reader, chapter by chapter, through the major transformations that have shaped comparative law, showing how contrarianism has been not merely a recurring feature of the field but one of the forces driving its development. What emerges is a rich and compelling account of comparative law as a discipline animated by disagreement, shaped by clashes, contestation, and creative dissent, and enriched by the diversity and polycentrism that define it today. This is a brilliant, innovative, and deeply important book, a major contribution to contemporary comparative legal scholarship.