Comparative Law : Mixes, Movements, and Metaphors book cover
1st Edition

Comparative Law
Mixes, Movements, and Metaphors

ISBN 9781138390690
Published December 5, 2019 by Routledge
196 Pages

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Book Description

This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.

Table of Contents

Of Mixes, Movements, and Metaphors: Esin Örücü’s Critical Comparative Law

Seán Patrick Donlan and Jane Mair

Island, Intersection, or In-Between? Legal Hybridity and Diffusion in the Seychellois Legal Tradition, c1715-1950

Seán Patrick Donlan and Mathilda Twomey, CJ

Legislating for customary land tenure: a comparative query

Sue Farran

Fairness and diversity in the South African law of contract

Jacques du Plessis

On Kites and Ships: Climate Changes in Comparative Law and Judicial Navigation

Werner Menski

On Lifelong and Fixed-term Marriage: a Study in Estrangement

Jan M. Smits

What is the role of norms and values in the reception of law?

Richard de Mulder and Helen Gubby

The Influence of the trias politica of Montesquieu on the first Dutch Constitution

Emese von Bóné

A Legal Transplant: French Law in Dutch Shallow Waters

Tammo Wallinga

The Rule of Law in Turkey: Two Steps Forward One Step Back

Mustafa Koçak

The Method of Comparative Law reconsidered in the light of Legal Epistemology and the Reception of Roman law

Laurens Winkel

Hybrid Law and Culinary Metaphor – Empty Coquetting or Something Else?

Jaakko Husa

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Seán Patrick Donlan is the Associate Dean of the Thompson Rivers University, British Columbia, Canada.

Jane Mair holds the position of Professor of Private Law at the University of Glasgow, UK.



'This book should be on the shelf of every serious comparative law lawyer. It pays homage to a great scholar, Esin Örücü, and her interdisciplinary approaches to comparative law. Law is on the move and there is nothing we can do to stop it; we need to embrace it. The contributions in this collection reopens old debates and conceive new ones but the end message is united; law is a messy affair and there is no one size fits all.'

Christa Rautenbach, Faculty of Law, North-West University, Potchefstroom, South Africa