Table of Contents

New Directions in Comparative Law

New Directions in Comparative Law

Edited by Antonina Bakardjieva Engelbrekt and Joakim Nergelius

This in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state. The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law.


Antonina Bakardjieva Engelbrekt and Joakim Nergelius

Subjects: law - academic, comparative law


Antonina Bakardjieva Engelbrekt and Joakim Nergelius This book opens with a bold claim. It argues that a discipline with a long and reverent history such as comparative law is presently characterised by an important new dynamic that is taking it into new directions. Some may object that it is inherent to human nature that each generation perceives its experiences as new and unique, and that scholars are particularly susceptible to this proclivity to overemphasise novelty, given their vocation-related search for the new and the unconventional. At the same time scholarly work, at least theoretically premised on the notions of scrupulous research, rigorous methods and honest reporting, should allow for verifying and falsifying sweeping claims and vague intuitions. So, can we with a level of academic seriousness maintain that there is something significantly new and particular about the way comparative law is approached, employed and practised today, compared with the days of Montesquieu and Aristotle? The various contributions in this book give different and only partial answers to this overarching question. Our own intuitions when embarking on this project were based on a number of observations. The first is probably a trivial one, namely that the undeniable swings and sways of globalisation have unleashed a previously unseen mobility of human and economic resources. Supported by virtually instantaneous and ubiquitous communication networks, this mobility produces a dramatic increase of human interaction across geographical regions, and inevitably a corresponding interaction between different legal traditions, institutions and mindsets (Hughes, 2002–2003). Second, there is...