1st Edition
The Grand Strategy of Comparative Law Themes, Methods, Developments
This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri.
Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice.
Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.
Foreword: A Note in Honour of Pier Giuseppe Monateri
Guido Calabresi
Introduction: Essays in Honour of Pier Giuseppe Monateri
Luca Siliquini-Cinelli
Part I – Comparative Law and Its Methods
1. Has Comparative Law Progressed?
Geoffrey Samuel
2. Comparative Law and Its Methods: Pier Giuseppe Monateri’s Dominus Mundi between Neoliberal Globalism and Authoritarian Liberalism
Luca Siliquini-Cinelli
3. Comparative Law Method and the Legal Formants as Catalysts of Normative Realities
Elena Ioriatti
4. The Comparatist and Plato’s Cave
Jaakko Husa
5. Why and How Courts Use Comparative Law
Mads Andenas, Duncan Fairgrieve, and Francesco Quarta
6. The Enigma of Law: Looking at Comparative Law through the Lenses of Legal Anthropology
Mauro Balestrieri
Part II - Comparative Private Law
7. Damages for Breach of Contract: The Legacy of Conceptualism
James Gordley
8. Deconstructing NFTs as Decentralised Digital Property
Massimiliano Granieri and Roberto Pardolesi
9. From the Mud Contract to the Crystal Contract: The Role of Good Faith in the Latin American Law of Contract
Leysser León Hilario
10. Paradigms and Operational Rules in Contract Law: ‘Theological Consensualism’ and the Theory of a ‘Juridical Theology’ Applied to the Consent Principle
Davide Gianti
11. Personal Injury in Peru: The Influence of Pier Giuseppe Monateri’s Contribution
Carlos Antonio Agurto Gonzáles and Juan Jesús Pablo Abanto
Part III - Law and Literature
12. Ars Justitiae: Vives and Vico on Law and Humanist Education
Jeanne Gaakeer
13. Beckett’s Weather Report
Pierre Legrand
14. From Shakespeare’s Othello to Alex Garland’s Ex Machina: The Technique of Suspicion
Daniela Carpi
15. ‘Set’
Gary Watt
Part IV - The Politics and Ontology of Law
16. If Black Gaius Were a Woman: Ontology, Desire and Denial in Law
Kimberley Brayson
17. Alterity on the Terms of the Law: For an Ontology of the In-Between
Horatia Muir Watt
18. A Purely Western Tradition. The 100th Anniversary of the Orientalisation Debate
Tomasz Giaro
19. Approximation and Harmonisation of Private Law in Europe—Reflections from the Viewpoint of Comparative Law
Gábor Hamza
Part V - Comparative Law and Economics
20. Liability or No Liability? Promoting Safety by Shifting Accident Losses onto Third Parties
Francesco Parisi
21. The Sustainability of Civil Liability Rules
Giulio Ponzanelli
Afterword: A Note of Thanks
Pier Giuseppe Monateri
Biography
Luca Siliquini-Cinelli is Reader in Law at Cardiff University, UK.
Davide Gianti is Associate Professor of Law at the University of Turin, Italy.
Mauro Balestrieri is Associate Professor of Law at the University of Turin, Italy.
