This research review has been written to serve two purposes. The first is to explain the coming-to-be of comparative legal history as a scholarly practice in both its European and its extra-European emphases. The second is to present exemplary research representing not only the comparative perspective’s concrete achievements to date, but also, and more pronouncedly, to stimulate the scholarly imagination. The review selects a key sampling of texts, which demonstrate how comparative legal history may be pursued and what it may achieve.
Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.
This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.
This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.