A Cosmopolitan Jurisprudence
A Cosmopolitan Jurisprudence
H. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.
- Explores the idea of a 'cosmopolitan' theory of law, and the theory of conceptualizing law and the nation state as tradition
- Engages critically with the work of H. Patrick Glenn, which is widely read and assigned in law courses
- Includes a diverse array of interdisciplinary perspectives, showing their relevance for legal scholarship
Product details
December 2021Hardback
9781108841726
300 pages
236 × 158 × 23 mm
0.612kg
Available
Table of Contents
- Introduction: Where the 'Real Action' Is: From Comparative Law to Cosmopolitan Jurisprudence
- Part I. The Tradition of 'Comparative Law': Context, History, Promise:
- 1. How to Do Comparative Law: Some Lessons to Be Learned Mauro Bussani
- 2. The 'Comparative Method' at the Roots of Comparative Law Giorgio Resta
- 3. The Value of Micro-Comparison John Bell
- 4. Sociocultural Challenges for Comparative Legal Studies in Mixed Legal Systems Esin Örücü
- 5. Breaking Barriers in Comparative Law Michele Graziadei
- Part II The Concept of Tradition: Potential and Challenges:
- 6. Too Much Information Martin Krygier
- 7. Legal Systems as Legal Traditions Catherine Valcke
- 8. Learning from Patrick Glenn: Tradition, Change, and Innovation David Nelken
- 9. The Sunni Legal Tradition: An Overview of Pluralism, Formalism, and Reform Ahmed Fekry Ibrahim
- 10. Commensurability, Comparative Law, and Confucian Legal Tradition Marie Seong-Hak Kim
- Part III. Crossing Boundaries: Cultural Transfer, Legal Cosmopolitanism, and the Dissolution of the State:
- 11. The School of Salamanca: A Common Law? Thomas Duve
- 12. The Un-Common Law Vivian Grosswald Curran
- 13. The Fabric of Normative Translation in Law Ko Hasegawa
- 14. Statehood as Process: The Modern State Between Closure and Openness Gunnar Folke Schuppert
- 15. Cosmopolitan Attachments Neil Walker.
