The Grand Strategy Of Comparative Law

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.

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.

Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends.

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.

The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.

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.

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.

In 'The End of Grand Strategy', Simon Reich and Peter Dombrowski challenge this common view. They eschew prescription in favour of describing and explaining what America's military actually does. They argue that each presidental administration inevitably resorts to each of the six variant of grand strategy that they implement simultaneously as a result of a series of fundamental recent changes - what they term 'calibrated strategies.' Reich and Dombrowski support their controversial argument by examining six major maritime operations, stretching from America's shores to every region of the globe. Each of these operations reflects one major variant of strategy. They conclude that grand strategy, as we know it, is dead.