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This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri. Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice. Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.
The essential introduction to the comparative analysis of national grand strategies.
A clearly articulated, well-defined, and relatively stable grand strategy is supposed to allow the ship of state to steer a steady course through the roiling seas of global politics. However, the obstacles to formulating and implementing grand strategy are, by all accounts, imposing. The Oxford Handbook of Grand Strategy addresses the conceptual and historical foundations, production, evolution, and future of grand strategy from a wide range of standpoints. The seven constituent sections present and critically examine the history of grand strategy, including beyond the West; six distinct theoretical approaches to the subject; the sources of grand strategy, ranging from geography and technology to domestic politics to individual psychology and culture; the instruments of grand strategy's implementation, from military to economic to covert action; political actors', including non-state actors', grand strategic choices; the debatable merits of grand strategy, relative to alternatives; and the future of grand strategy, in light of challenges ranging from political polarization to technological change to aging populations. The result is a field-defining, interdisciplinary, and comparative text that will be a key resource for years to come.
This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline.
To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.
This book explores the idea of grand strategy and offers a full-blown critique--both theoretical and empirical--of the gaps and inconsistencies that weaken modern realist theory. Grand strategy, the authors maintain, is determined as much by domestic politics as by international pressures.
Negative Comparative Law presents a critical manifesto for a radically alternative approach to the theory and practice of comparative law. Harnessing insights from a range of disciplinary discourses, this book advocates for comparative law's rejection of its dominant epistemology and the investigation of the study of foreignness anew.
This book’s essays seek to cleanse comparative law of some of the epistemic detritus it has been collecting and that has been cluttering its theory and practice to the point where this flotsam has effectively stultified ‘good’ comparison. While a critique would pursue adjustments to the prevailing model, this text’s negative critique seeks a much more radical refurbishment as it utters an emphatic ‘no’ to the governing epistemology: it pursues, in effect, a deposition and a disposition of the leading epistemic configuration and the various assumptions regarding the acquisition of knowledge about foreign law that inform it. Negative comparative law thus operates at a primordial level inasmuch as it concerns the matter of justice: it aims to do justice to foreign law as foreignness finds itself appropriated and travestied by comparatists for ideological purposes. In the process, negative critique purports significantly to enhance comparative law’s institutional, intellectual, and ethical respectability. This book will benefit all law teachers and postgraduate law students interested in the workings of law on the international scene, whether specialists in comparative law, public international law, private international law, transnational law, or foreign relations law – in particular, individuals bringing to bear a critical inclination to their subject-matter.
In this collection of essays, Tom Farer examines critically the stand taken by U.S. foreign policy makers on such issues as right and left-wing dictatorships, revolution, human rights and national autonomy. In this fascinating manner, focusing sharp observations at times with polemical intent, Farer scrutinizes the key assumptions, including the "Soviet or revolutionary threat," which have guided American foreign policy for Latin America since the end of World War II. One central conviction is that changes in regimes rarely have objective significance for U.S. strategic interests properly conceived. Farer describes the grand strategy of the United States in Latin America (he sees very much the same strategic assumptions guiding U.S. policy throughout the Third World) as unrealistic and misguided in terms both of U.S. interests and ideals. He argues that America has over the years maneuvered itself into political, legal and moral dilemmas by disregarding or misunderstanding the internal dynamics of Latin American countries and their implications for U.S. interests and by seeing dangerous and irremedial hostility in all revolutionary movements. Against this tradition in U.S. policy, Farer advocates tactics and strategies he deems more consonant with the proper goals of U.S. policy and with Latin American needs and aspirations. His essays combine a sophisticated analysis of Latin American society with assessment of U.S. policy from legal, moral and strategic perspectives.
This invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues.