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The result is a work that incorporates all the ideas that Watson has put forward during his twenty-five years studying comparative law and the development of legal systems, combining a remarkable range of sources with superb insight.
English summary: Benjamin Herzog compares the ways in which laws are applied and interpreted in Germany, Portugal and Brazil. In this context, he applies the functional and post-modern methods of comparative law and discusses the theory of legal transplants. He also takes into consideration how these jurisdictions have influenced one another over the past 200 years. German description: Methodenlehre wird immer noch oft allein aus nationaler Sicht gesehen. Losungsansatze in anderen Jurisdiktionen werden dann gerne als nicht methodisch beschrieben. Gleichermaaen werden die vier Auslegungselemente pauschal auf Savigny zuruckgefuhrt und die Pramissen der Methodenlehre der Nachkriegszeit hingenommen, ohne sie zu problematisieren. Ausgehend von einer eigenen Savigny-Interpretation und bereichert durch die in Portugal und Brasilien gemachten Erfahrungen gibt Benjamin Herzog den Denkanstoa, die Wortlautgrenze und das teleologische Denken zu hinterfragen. Er fordert dies aber nicht fur die lusophonen Rechte. Gepragt vom Respekt vor der Andersartigkeit fremder Rechtskulturen problematisiert er statt dessen, wie man in Portugal und Brasilien unter anderen historischen, verfassungsrechtlichen und soziookonomischen Voraussetzungen als in Deutschland Recht anwendet und auslegt.
The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.
"This book ... was intended as the course book for the class of Comparative Law at the University of Auckland, when I was to be Visiting Professor in April, 2007."--Preface.
Money in the Western Legal Tradition is the first book to undertake a history of monetary law from the High Middle Ages through to the middle of the 20th century. It spans the two great Western legal traditions: the common law of the Anglo-American legal world, and the civil law systems of continental Europe. It analyses the law governing the payment of money in finance, loan and sale transactions as it has been understood by legal scholars and legalpractitioners of the past 800 years. The book aims to go beyond the many accounts of money already given by numismatists and economic historians. It analyses the distinctive concepts of money applied by legalpractitioners and scholars, and shows how they have been enforced private transactions throughout the period.Money in the Western Legal Tradition develops a connected thematic structure, even though the chapters are written by different specialist authors. The book aims to set the legal doctrines against the background of monetary practice in which they developed.
This book provides an introduction to the rise and development of present-day private law.

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