14 June 2012

NOTICE: Ruskola on the East Asian Legal Tradition and The Cambridge Companion to Comparative Law


Teemu Ruskola has just posted "The East Asian Legal Tradition", his contribution to Mauro Bussani and Ugo Mattei (eds), The Cambridge Companion to Comparative Law (Cambridge University Press, 2012):

This essay is a chapter in the Cambridge Companion to Comparative Law. It provides a brief description of an East Asian legal tradition – namely, what I call the classical legal tradition of East Asia, or by way of analogy, a kind of East Asian ius gentium. Although it is a historically significant tradition, by no means does it exhaust the entire East Asian legal universe. The essay intentionally focuses only on the central and shared aspects of that tradition. Yet the very notion of an East Asian legal tradition itself requires further methodological observations. First, just what does the term ‘East Asia’ encompass? Second, what do we mean by a ‘legal tradition’? The answer to neither question is obvious. After addressing these preliminary considerations, the essay turns to developing the broad outlines of a classical East Asian legal tradition.

The book will be published in August. Its contents include:

Editors' preface. Diapositives v. movies: the inner dynamics of the law and its comparative account: a companion M. Bussani and U. Mattei

Part I. Knowing Comparative Law:

1. Comparative law and neighbouring disciplines M. Reimann
2. Political ideology and comparative law Duncan Kennedy
3. Economic analysis and comparative law N. Garoupa and T. Ginsburg
4. Comparative law and anthropology Lawrence Rosen
5. Comparative law and language A. Gambaro and B. Pozzo

Part II. Comparative Law Fields:

6. Comparative studies in private law (insights from a European point of view) F. Werro
7. Comparative administrative law F. Bignami
8. Comparative constitutional law G. Frankenberg
9. Comparative criminal justice E. Grande
10. Comparative civil justice O. Chase and V. Varano
11. Comparative law and the international organizations G. Bermann

Part III. Comparative Law in the Flux of Civilizations:

12. The East-Asian legal tradition T. Ruskola
13. The Jewish legal tradition A. J. Jacobson and J. D. Bleich
14. The Islamic legal tradition Khaled Abou El Fadl
15. The Sub-Saharan legal tradition R. Sacco
16. The Latin American and Caribbean legal tradition (repositioning Latin America and the Caribbean in the contemporary maps of comparative law) D. Lopez Medina
17. Mixed legal systems V. Palmer
18. Democracy and the Western legal tradition M. Bussani

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