The Loneliness of the Comparative Lawyer and Other Essays in Foreign and Comparative Law

SKU:10058667-0001

John Henry Merryman

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Overview

In these critical essays a leading comparative lawyer:

examines the movement for convergence of the Civil Law and the Common Law
describes the Italian Style and the French Deviation
contrasts Common Law estate with Civil Law ownership
explains why the distinction between public law and private law is important to Civil Lawyers but has little interest for Common Lawyers
exposes the fatal emptiness at the core of the Law and Development movement
proposes a marriage of comparative law and scientific explanation
emphasizes the fundamental relation between law and social and cultural change
argues that the dominant tradition of comparative law teaching and scholarship is trapped in a cramped and arid 19th century paradigm
advocates a culturally broader and historically richer approach to comparative law teaching and scholarship

On the Convergence (and Divergence) of the Civil Law and the Common Law
Legal Education There and Here: A Comparison
The Public Law – Private Law Distinction in European and United States Law
How Others Do it: The French and German Judiciaries
Judicial Responsibility in the United States
The French Deviation
The Italian Style I: Doctrine
The Italian Style II: Law
The Italian Style III: Interpretation
When Courts Collide: Constitution and Cassation in Italy.
Ownership and Estate: Variations on a Theme by Lawson
Toward a Comparative Study of the Sale of Land
The inter vivos Transfer of Land
Policy, Autonomy, and the numerous clauses in Italian and American Property Law
Comparative Law and Social Change: On the Origins, Style, Decline and Revival of the Law and Development Movement
Comparative Law and Scientific Explanation
Population, Civil Litigation and Legal Science
Foreign Law as a Problem