Paradigms in Modern European Comparative Law : A History (Hardcover)

Acknowledgments Introduction: Scope and Subject I. The History of Comparative Law and a History of Comparative Law II. The Dominance of Descriptive Linearity III. Comparative Law as a Discipline and the Application of Comparative Methods in Law IV. Ancient or Modern History of Comparative Law Thinking V. Comparative Law and Comparative Constitutional Law VI. A Mezzo-Perspective Approach 1. The History of Comparative Law and Kuhn's Oeuvre I. Studying Science as a Historical Phenomenon: Some Preliminaries II. Applying Kuhn's Legacy to Understand the History of Comparative Legal Studies III. Lessons from Kuhn in the Historiography of Legal Scholarship 2. Historical-Comparative Jurisprudence I. Introduction: The Centuries-Long Pre-Paradigm Period and the Rise of the First Paradigm II. Prologue: The Modern Precursors and the Pre-Paradigm Period III. General Background: The Rise of Positivism and the Idea of Evolution IV. Historical and Comparative Jurisprudence - The Emergence of the Paradigm in England V. From Ethnologische Jurisprudenz to Vergleichende Rechtswissenschaft - The Birth of a Paradigm in Germany VI. The First Paradigm of Modern Comparative Law: A Summary 3. The Paradigm of Droit Compare I. Fin-de-siecle Atmosphere II. A New Wave of Institutionalisation III. The 1900 Paris Congress of Comparative Law IV. The Establishment of the New Paradigm V. The Development of the Paradigm - Functionalism, Global Law and Skepticism VI. Characteristics of the Second Paradigm 4. The Third Paradigm - Post-World War II Comparative Law I. Introductory Remarks: The New World Order and Comparative Law Scholarship II. The Taxonomy of the World's Legal Orders III. The Renewal of Comparative Law Methodology - The Victory of Functionalism IV. The Third Paradigm 5. New Trends in Contemporary Comparative Law: Toward a Paradigm Shift? I. A Changing Scholarly Landscape II. A Cultural Turn in Comparative Law? III. The Decline of Methodological Exclusivity in Comparative Law Thinking IV. Paradigm Shift in Comparative Law? Concluding Thoughts I. On the Validity of This Research, with Special Regard to the Relevance of Kuhn's Ideas II. On the Utility of Having a Single Book on the History of Modern European Comparative Law III. On Recent Perspectives of Comparative Law Bibliography