Table of Contents

Elgar Encyclopedia of Comparative Law, Second Edition

Elgar Encyclopedia of Comparative Law, Second Edition

Elgar original reference

Edited by Jan M. Smits

Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries’ legal systems and, as a whole, presents an overview of the current state of affairs.

Preface

Edited by Jan M. Smits

Subjects: law - academic, comparative law

Extract

It was stated in the first edition of this book that a true ‘comparative law explosion’ had taken place in the two decades before its publication: as a result of increasing globalization and Europeanization, comparative law has become more and more important. The last six years have confirmed this trend. This is true not only for the academic discipline of comparative law as such (where the focus is usually on methodology), but also for specific areas of the law. The feeling among many legal academics is that one can no longer write about, for example, tort law or constitutional law without involving at least some comparative aspect. But the importance of comparative law is not restricted to legal scholarship. In legal practice too, to tackle a legal problem with a comparative approach has become en vogue. Legislators increasingly make use of foreign law in drafting new legislation and in more and more countries courts draw inspiration from abroad as well. All this is a fortunate development for those who believe in the value of an international legal science. However, it is often difficult to find one’s way in the massive amount of doctrinal writings on comparative law. The purpose of this encyclopedia is to provide such a reference work. It does so by providing a general readership with easily accessible articles in which stock is taken of present-day comparative law scholarship. In this alphabetically ordered book the reader will find four types of entries. First, it contains a collection of...