Virtue, Emotion and Imagination – and Comparative Law? – Amalia Amaya and Maksymilian Del Mar

Why should comparative lawyers be interested in virtue, emotion and imagination? Is not the domain of law one structured by rules, governed by reason, with little, if any, room for anything as subjective and mysterious as emotion and imagination? Despite considerable research – philosophical and historical – in recent decades on emotion and imagination (and … Continue reading Virtue, Emotion and Imagination – and Comparative Law? – Amalia Amaya and Maksymilian Del Mar

John Cairns – The Birth of Mixed Legal Systems in the British Empire

My focus is on “mixed legal systems”, though my teacher Alan Watson, whose memory is honoured here, never seemed to me to be especially interested in “mixed systems” as an analytical category; the idea of “Legal Transplants” would be seen by many, however, as his most important legacy. As a legal historian I have always … Continue reading John Cairns – The Birth of Mixed Legal Systems in the British Empire

Preliminary Agreements and the Duty to Negotiate in Good Faith: Distinctive Features in the International Commercial Context – Isabel Zuloaga

Based on the presentation made at the IECL (Institute of European and Comparative Law) Lunchtime Seminar Series, Law Faculty, University of Oxford, on 21 January 2020 which, in turn, is based on a paper I’m working on under the probable title of “Preliminary Agreements and the Duty to Negotiate in Good Faith: Distinctive Features in … Continue reading Preliminary Agreements and the Duty to Negotiate in Good Faith: Distinctive Features in the International Commercial Context – Isabel Zuloaga

The Three Methodologies in Comparative Constitutional Theory (Edward Elgar 2018)

The term methodology is conventionally defined as the set of principles that illuminate inquiry in a field. Scholars, moreover, seek to be parsimonious in discussing methodology. We prefer, however, to go back to the root of the term which lies in critically examining and re-examining the path that inquiry takes. Therefore, in the spirit of … Continue reading The Three Methodologies in Comparative Constitutional Theory (Edward Elgar 2018)

Katalin Kelemen – Judicial Dissent in European Constitutional Courts: A Comparative and Legal Perspective, Routledge (Hardback 2018, Paperback 2019)

We are all curious about what happens behind the curtains in a courtroom. When more judges sit on a panel, they have to discuss the case in order to reach a decision. They never do it before the eyes of the public and we are only allowed to know the final outcome of this discussion: … Continue reading Katalin Kelemen – Judicial Dissent in European Constitutional Courts: A Comparative and Legal Perspective, Routledge (Hardback 2018, Paperback 2019)

Franz Hofmann and Franziska Kurz (eds.) – Law of Remedies – A European Perspective (Intersentia 2019)

Against the background of the increasing importance of the concept of remedies in European private law, Law of Remedies – A European Perspective (Intersentia 2019) focuses on remedies as a distinctive and novel field of European legal research. This edited volume, to which 15 authors have contributed, considers the common law tradition (England and Wales) … Continue reading Franz Hofmann and Franziska Kurz (eds.) – Law of Remedies – A European Perspective (Intersentia 2019)

Account – U Kischel, “Theorising legal transplants?”, BACL Seminar, Preston, 3rd September 2019

At the BACL Seminar in Preston on 3rd September 2019, Professor Uwe Kischel explained his approach to legal transplants. Professor Kischel is the Mercator Chair of Public Law, European Law and Comparative Law at the University of Greifswald (Germany) and the author of Comparative law (OUP 2019). Here is an account of his engaging presentation … Continue reading Account – U Kischel, “Theorising legal transplants?”, BACL Seminar, Preston, 3rd September 2019

Eastern and Western Perspectives on Surrogacy, Jens M. Scherpe, Claire Fenton-Glynn, Terry Kaan (eds.), Intersentia, 2019

Surrogacy is a complex and topical issue. Defined as an arrangement in which a woman (‘the surrogate mother’) agrees to bear a child and to hand over that child, on birth, to another person(s) (‘the commissioning parent(s)’), it raises numerous legal questions:  the potential commodification of children, the possible exploitation of the surrogate mother, and … Continue reading Eastern and Western Perspectives on Surrogacy, Jens M. Scherpe, Claire Fenton-Glynn, Terry Kaan (eds.), Intersentia, 2019

Helle Krunke and Björg Thorarensen (eds.): The Nordic Constitutions. A Comparative and Contextual Analysis, Hart Studies in Comparative Public Law, Hart Publishing, 2018.

Seen from the outside the Nordic constitutional systems are often perceived as similar. The Nordic legal systems are in parts of literature even seen as a distinct legal family (Zweigert and Kötz (eds), Introduction to comparative Law, 3rd revised edn, OUP, 1998). However, does that really hold true at a closer look? In other words, … Continue reading Helle Krunke and Björg Thorarensen (eds.): The Nordic Constitutions. A Comparative and Contextual Analysis, Hart Studies in Comparative Public Law, Hart Publishing, 2018.

CALL FOR PAPERS –  British Association of Comparative Law (BACL) Postgraduate Research Workshop on Comparative Law  23rd – 24th April 2020  School of Law, Wills Memorial Building, University of Bristol

The University of Bristol Law School will host the 2020 BACL Postgraduate Workshop on Comparative Law on 23rd and 24th April 2020. The BACL Postgraduate Workshop on Comparative Law is designed for doctoral students working on dissertations in the field of comparative legal studies and related subjects. In a round-table setting, the 2-day workshop will … Continue reading CALL FOR PAPERS –  British Association of Comparative Law (BACL) Postgraduate Research Workshop on Comparative Law  23rd – 24th April 2020  School of Law, Wills Memorial Building, University of Bristol