Comparative Legal Studies 1750 to 1835 Approaches to Conceptualization (2 volumes)
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Comparative Legal Studies 1750 to 1835 Approaches to Conceptualization (2 volumes)

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Description

A revisionist interpretation of the origins of comparative law as a discipline, these volumes reconsider the period from 1750 to 1835 and take the origins of "legal comparativistics" back at least eight and a half decades in comparison with traditional understandings of the history of comparative jurisprudence. The influence of Hegelian approaches is much in evidence in this study. The transformations that occurred were propelled by the secularization of natural law. Legal knowledge separated itself from philosophy and became a positivist, social, and empirical legal science.

Volume One addresses the historiographical, theoretical and methodological foundations of comparative legal studies, the scientific approaches to periodizing the history of comparative legal studies, conceptualization of the theoretical grounds of comparative legal studies, the prerequisites and context of the theoretical foundations of comparative legal studies, transformation of concepts on natural law, and the forming of doctrines of national law.

Volume Two addresses the origins of the theoretical foundations of comparative law, and then turns to the roles of the Individual and the Universal in developing a comparative legal scientific picture of the world, with attention to the Particular in Law and the classification of national legal systems. The reconsideration of approaches to comparative-legal conceptualization is accompanied by an extensive Bibliography of sources.
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Product details

  • Hardback | 755 pages
  • 152 x 229mm
  • London, United Kingdom
  • English
  • 0854902724
  • 9780854902729

Table of contents

Full table of contents (vols I and II )
Preface
Translation Note
Introduction

PART I: Historiographical, Theoretical, and Methodological Foundations of Comparative Legal Studies: 1750-1835
1. Historiography of Comparative Legal Studies
2. Scientific Approaches to Periods and the History of Comparative Legal Studies
3. Conceptualization of the Development of Theoretical Grounds of Comparative Legal Studies
PART II: Prerequisites and Context of Theoretical Foundations of Comparative Legal Studies
4. Transformation of Notions on Natural Law and Shaping of Subject-Matter of Legal Sciences
5. Forming of National Law Doctrine and Transformation of Object-Sphere of Legal Sciences
PART III: Genesis of Theoretical Foundations of Comparison in the Legal Sciences
6. Idea of Cognition of Foreign Experience and Comparison in Law
7. Pluralism of the Organization of Comparative-Legal Know-ledge
PART IV: Comparative Legal Scientific Picture of the World
8. The Particular in Law and the Distinctiveness Thereof
9. Universal in Law and Ways of the Forming Thereof
10. The Special in Law and Classification of National Legal Orders
PART V: Concluding Propositions
11. In Lieu of a Postscript: Further Development of Theoretical Grounds of Comparative Legal Research
12. By Way of Conclusions
Bibliography of Sources
Index of Names
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About Oleksiy V Kresin

Oleksiy Kresin is a leading Ukrainian comparative lawyer; Head, Center of Comparative Jurisprudence, Koretskii Institute of State and Law, National Academy of Sciences of Ukraine; Associate, International Academy of Comparative Law; Secretary-General, Ukrainian Associate of Comparative Jurisprudence; President, Ukrainian National Committee, International Association of Legal Sciences.
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