The Oxford Handbook of Comparative Law (Oxford Handbooks)

(p. iv) Copyright Page (p. iv) Copyright Page Edited by Mathias Reimann and Reimann Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann (p. iv) Copyright Page (p. v) Preface to the Second Edition (p. v) Preface to the Second Edition Edited by Mathias Reimann and Reimann Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann (p. v) Preface to the Second Edition (p. vi) (p. vii) Preface to the First Edition (p. vi) (p. vii) Preface to the First Edition Edited by Mathias Reimann and Reimann Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann (p. vi) (p. vii) Preface to the First Edition (p. vi) (p. vii) Preface to the First Edition (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors Edited by Mathias Reimann and Reimann Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xiii) Notes on the Contributors (p. xvi) Abbreviations (p. xvi) Abbreviations Edited by Mathias Reimann and Reimann Zimmermann Edited by Mathias Reimann and Reinhard Zimmermann (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations (p. xvi) Abbreviations Comparative Law Before the Code Napoléon Abstract and Keywords Charles Donahue Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law Before the Code Napoléon (p. 4) I. The Ancient World Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon II. The Early and High Middle Ages Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon III. The Later Middle Ages Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon (p. 13) IV. Sixteenth-Century French Legal Thinkers Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon V. The Seventeenth and Eighteenth Centuries Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Bibliography Comparative Law Before the Code Napoléon Notes: Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Comparative Law Before the Code Napoléon Development of Comparative Law in France Abstract and Keywords Bénédicte Fauvarque-Cosson Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France I. The Rise of Comparative Law in France 1. The premiers pas of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France 2. The belle époque of Comparative Law (a) The Paris Congress of 1900 Development of Comparative Law in France (b) From the Paris Congress of 1900 to World War I Development of Comparative Law in France (c) From World War I to World War II (d) After World War II Development of Comparative Law in France (e) René David’s Book, Les grands systèmes de droit contemporain Development of Comparative Law in France II. The Decline of Comparative Law Development of Comparative Law in France 1. Comparative Law: A Collateral Science Development of Comparative Law in France Development of Comparative Law in France 2. The Marginal Position of Comparative Law in French Law Faculties (a) Insufficient Teaching of Comparative Law Development of Comparative Law in France (b) Insufficient Incentives for Students to Engage in Comparative Legal Studies (p. 45) III. The Renaissance of Comparative Law in France Development of Comparative Law in France 1. New Initiatives (a) Courts Development of Comparative Law in France (b) New Legislators: The Example of French Contract Law Development of Comparative Law in France (c) Practice Development of Comparative Law in France 2. New Challenges (a) American Critique and the Revitalization of Comparative Law Development of Comparative Law in France Development of Comparative Law in France (b) An International Approach to Comparative Law (p. 52) (c) A Wider Recognition of the Practical Uses of Comparison Development of Comparative Law in France IV. Concluding Remarks Bibliography Development of Comparative Law in France Notes: Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in France Development of Comparative Law in Germany, Switzerland, and Austria Abstract and Keywords Ingeborg Schwenzer Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in Germany, Switzerland, and Austria I. Introduction Development of Comparative Law in Germany, Switzerland, and Austria (p. 56) II. The Long Nineteenth Century 1. Philosophical and Political Traditions Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria 2. The Evolutionary Paradigm 3. Legislative Comparative Law Development of Comparative Law in Germany, Switzerland, and Austria 4. Early Stages of Institutionalization Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria III. A Golden Age (1919–1933) 1. The Weimar Republic and the Pre-eminent Influence of Ernst Rabel Development of Comparative Law in Germany, Switzerland, and Austria 2. The Kaiser-Wilhelm Institutes Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria 3. Sale of Goods Development of Comparative Law in Germany, Switzerland, and Austria IV. Rupture and Remorse (1933–1950) 1. The Policy of Gleichschaltung Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria 2. National Socialist Comparative Law? Development of Comparative Law in Germany, Switzerland, and Austria 3. Continuity Development of Comparative Law in Germany, Switzerland, and Austria V. Recovery (1950–1989) 1. General Aspects and Institutionalization Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria (p. 72) 2. Methods and Fields of Interest (a) Methodological Foundations Development of Comparative Law in Germany, Switzerland, and Austria (b) Fields of Interest Development of Comparative Law in Germany, Switzerland, and Austria 3. Comparative Law Scholarship in the Post-War Era: Some Highlights Development of Comparative Law in Germany, Switzerland, and Austria (a) Comparative Law in General (b) Law of Sales Development of Comparative Law in Germany, Switzerland, and Austria (c) Tort Law (d) Law of Restitution (p. 77) (e) Family Law and the Law of Succession Development of Comparative Law in Germany, Switzerland, and Austria (f) Conflict of Laws (p. 78) 4. Comparative Law in Legislation and Courts Development of Comparative Law in Germany, Switzerland, and Austria VI. Legal Harmonization and New Approaches to Comparative Law Development of Comparative Law in Germany, Switzerland, and Austria 1. Development of the German Bürgerliches Gesetzbuch 2. The Interpretation of Uniform Law Development of Comparative Law in Germany, Switzerland, and Austria 3. Europeanization (a) The Classical Comparative Approach Development of Comparative Law in Germany, Switzerland, and Austria (b) The Ius Commune Approach (p. 83) (c) Practical Endeavours125 Development of Comparative Law in Germany, Switzerland, and Austria 4. Criticism Development of Comparative Law in Germany, Switzerland, and Austria VII. Conclusion Development of Comparative Law in Germany, Switzerland, and Austria Bibliography Development of Comparative Law in Germany, Switzerland, and Austria Notes: Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Germany, Switzerland, and Austria Development of Comparative Law in Italy Abstract and Keywords Elisabetta Grande Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in Italy (p. 88) I. Introduction: Layers of Reception Development of Comparative Law in Italy Development of Comparative Law in Italy (p. 90) II. Development: The Emergence of the Modern Discipline 1. Civil and Commercial Law Scholars in the Early Twentieth Century: To Cross or Not to Cross (the Channel) Development of Comparative Law in Italy 2. The Reformists in the Post-World War II Period: Broadening the View Development of Comparative Law in Italy 3. The Emergence of the Mainstream in the 1950s and 1960s: From Gorla’s Contracts to Sacco’s Formants Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy 4. Institutionalizing the Field in the 1970s and 1980s: The Dominance of Private Law Comparison Development of Comparative Law in Italy III. The Contemporary Scene: From Purity to Pluralism 1. The Theses of Trento Development of Comparative Law in Italy Development of Comparative Law in Italy 2. Letting Many Flowers Bloom: The 1990s and Beyond Development of Comparative Law in Italy Development of Comparative Law in Italy IV. Current Challenges and Future Directions: The Discipline Struggles with its Past 1. Beyond the Private Law Bias? Development of Comparative Law in Italy 2. The Lack of Political Influence Development of Comparative Law in Italy 3. Interdisciplinary Trends Development of Comparative Law in Italy V. From Import to Export? Italian Contributions to Comparative Law in Europe and Beyond Development of Comparative Law in Italy Development of Comparative Law in Italy Bibliography Development of Comparative Law in Italy Notes: Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Italy Development of Comparative Law in Great Britain Abstract and Keywords John W. Cairns Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in Great Britain I. Introduction Development of Comparative Law in Great Britain II. Empire: Evolution and Legislation 1. Problems of Empire Development of Comparative Law in Great Britain 2. Comparative Evolutionary and Historical Jurisprudence Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain 3. The Society of Comparative Legislation Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain III. Modern Foundations 1. The Pioneers (a) Gutteridge Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain (b) Walton Development of Comparative Law in Great Britain (c) Amos Development of Comparative Law in Great Britain (d) Goadby Development of Comparative Law in Great Britain (e) Vesey-Fitzgerald (f) Lee Development of Comparative Law in Great Britain 2. Foreign Links: Institutes and Academies Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain 3. The Society of Comparative Legislation Development of Comparative Law in Great Britain 4. Comparative Law in the Universities Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain 5. An Imperial Law School and Advanced Legal Studies Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain 6. The Society of Public Teachers of Law 7. The Achievements of the Pioneers Development of Comparative Law in Great Britain IV. Beyond Empire: New Directions Development of Comparative Law in Great Britain 1. Scholarly Legacy of the Pioneers (a) The Fundamental Role of Roman Law Development of Comparative Law in Great Britain (b) The Importance of French Law (p. 141) (c) Unification Development of Comparative Law in Great Britain (d) Mixed Systems 2. Institutional Legacies (a) Institute of Advanced Legal Studies Development of Comparative Law in Great Britain (b) British Institute of International and Comparative Law (p. 143) (c) International Academy of Comparative Law (d) International Committee of Comparative Law and the UKNCCL Development of Comparative Law in Great Britain (e) The Law Commissions 3. New Developments (a) German Law and Comparative Legal Science Development of Comparative Law in Great Britain (b) Legal Transplants Development of Comparative Law in Great Britain (c) The Revival of Interest in Mixed Systems V. Disciplinary Uncertainty Development of Comparative Law in Great Britain Bibliography Notes: Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in Great Britain Development of Comparative Law in the United States Abstract and Keywords David S. Clark Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in the United States I. Introduction Development of Comparative Law in the United States Development of Comparative Law in the United States II. Comparative Law prior to 1791 1. Roman and Civil Law in Colonial British America Development of Comparative Law in the United States Development of Comparative Law in the United States 2. Legal Foundation for the New Republic Development of Comparative Law in the United States Development of Comparative Law in the United States Development of Comparative Law in the United States III. Comparative Law in the Formative Era (1791–1865) 1. Resistance to English Law 2. Use of Roman and Civil Law Development of Comparative Law in the United States (p. 157) 3. Livermore, Story, and Kent Development of Comparative Law in the United States 4. Lieber, Legaré, Walker, Hoffman, and Cushing Development of Comparative Law in the United States 5. David Field and His Codes Development of Comparative Law in the United States IV. Comparative Law and Historical Jurisprudence (1865–1900) 1. Historical Jurisprudence Development of Comparative Law in the United States 2. Making Legal Education Scientific Development of Comparative Law in the United States 3. The First Academic Comparatists Development of Comparative Law in the United States (p. 163) V. Organized Comparative Law: The First Effort (1900–1950) 1. University Law Schools 2. The 1904 Universal Congress of Lawyers and Jurists Development of Comparative Law in the United States Development of Comparative Law in the United States (p. 165) 3. The Comparative Law Bureau Development of Comparative Law in the United States 4. The Bureau’s Support for Publications Development of Comparative Law in the United States 5. American Comparatists Abroad and at Home Development of Comparative Law in the United States Development of Comparative Law in the United States (p. 169) 6. Tulane University College of Law Development of Comparative Law in the United States 7. Roscoe Pound 8. John Wigmore Development of Comparative Law in the United States Development of Comparative Law in the United States 9. The 1930s: Achievement during a Difficult Period Development of Comparative Law in the United States VI. Firmly Establishing Comparative Law (since 1950) 1. The Post-War Period Development of Comparative Law in the United States (p. 174) 2. UNESCO, the AFLA, and the AALS Development of Comparative Law in the United States 3. The American Association for the Comparative Study of Law 4. The American Journal of Comparative Law Development of Comparative Law in the United States 5. Growth and Maturity: The American Society of Comparative Law Development of Comparative Law in the United States 6. Scepticism and Assessment Development of Comparative Law in the United States VII. Conclusion Development of Comparative Law in the United States Bibliography Development of Comparative Law in the United States Notes: Development of Comparative Law in the United States Development of Comparative Law in the United States Development of Comparative Law in the United States Development of Comparative Law in the United States Development of Comparative Law in the United States Comparative Law in Central and Eastern Europe Abstract and Keywords Zdeněk Kühn Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law in Central and Eastern Europe I. Comparative Law in Central and Eastern Europe before Communism Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe II. Comparative Law during Socialism 1. Comparative Law in the Soviet Union before Stalinism Comparative Law in Central and Eastern Europe 2. Comparative Law During Stalinism Comparative Law in Central and Eastern Europe 3. Comparative Law from the 1960s through the 1980s Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe III. Comparative Law after the Fall of Communism: From Comparative Civil Law to Comparative Constitutionalism? 1. The Transformation of Communist Law and the Role of Comparative Law Comparative Law in Central and Eastern Europe (p. 194) 2. Post-Communist Legal Academia and Comparative Law Comparative Law in Central and Eastern Europe 3. Comparative Constitutional Law Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe IV. The Prospective of Comparative Law in the Region of Central and Eastern Europe Comparative Law in Central and Eastern Europe Bibliography Notes: Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe Comparative Law in Central and Eastern Europe The Development of Comparative Law in Japan Abstract and Keywords Luke Nottage Edited by Mathias Reimann and Reinhard Zimmermann The Development of Comparative Law in Japan (p. 202) I. Introduction II. History Matters 1. Importing Foreign and Comparative Law into Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan 2. Exporting Japanese Law The Development of Comparative Law in Japan The Development of Comparative Law in Japan III. Comparative Law Activity Within Contemporary Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan 1. Consumer Protection and Civil Law Amendments The Development of Comparative Law in Japan The Development of Comparative Law in Japan 2. Gradual Transformation in Corporate Law and Practice The Development of Comparative Law in Japan The Development of Comparative Law in Japan 3. Justice System Reform The Development of Comparative Law in Japan The Development of Comparative Law in Japan IV. How to Compare and Assess Japanese Law The Development of Comparative Law in Japan 1. Five Theories of Law: From Civil Dispute Resolution Studies The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan 2. Five Methodological Lessons: From Comparative Corporate Law Studies The Development of Comparative Law in Japan The Development of Comparative Law in Japan (p. 226) V. Conclusions and Challenges Bibliography The Development of Comparative Law in Japan The Development of Comparative Law in Japan Notes: The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Japan The Development of Comparative Law in Modern China Abstract and Keywords Taisu Zhang Edited by Mathias Reimann and Reinhard Zimmermann The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China I. The Origins of Self-Doubt: The Late Qing The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China II. The New Paradigm: The Republican Period The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China III. The Reception of Soviet Law: Communist China’s Turn Away from the West The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China IV. Ideological Struggle: Foreign and Comparative Law in the Post-Mao Era The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China V. Conclusion The Development of Comparative Law in Modern China Bibliography The Development of Comparative Law in Modern China Notes: The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China The Development of Comparative Law in Modern China Development of Comparative Law in Latin America Abstract and Keywords Jan Kleinheisterkamp Edited by Mathias Reimann and Reinhard Zimmermann Development of Comparative Law in Latin America I. Introduction Development of Comparative Law in Latin America II. The Colonial Period 1. First Legal Structures (p. 255) 2. The Existing Spanish Legal Order Development of Comparative Law in Latin America 3. The Cradle of Comparative Law in Portugal and Brazil Development of Comparative Law in Latin America III. Independence and Codification 1. The Latin American Constitutions Development of Comparative Law in Latin America 2. Codification Efforts Development of Comparative Law in Latin America (a) Early Copying of Foreign, especially French, Law Development of Comparative Law in Latin America (b) Indigenous Attempts to Codify Civil Law and the Role of Foreign Law Development of Comparative Law in Latin America (c) Bello and Ocampo in Chile Development of Comparative Law in Latin America Development of Comparative Law in Latin America (d) Teixeira de Freitas in Brazil Development of Comparative Law in Latin America (e) Vélez Sarsfield, Acevedo, and Narvaja in Argentina and Uruguay Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America (p. 270) (f) Further Developments between Mimicry and Wild Eclecticism Development of Comparative Law in Latin America (g) Bevilaqua and Comparative Law in Brazil Development of Comparative Law in Latin America 3. Summary of the Development in the First Century of Independence Development of Comparative Law in Latin America IV. From the Twentieth Century to the Present Day 1. The Growing Influence of the Common Law Development of Comparative Law in Latin America 2. A Battlefield for Influence: The Unification of Law Development of Comparative Law in Latin America (a) Pan-Americanism versus Ibero-Americanism Development of Comparative Law in Latin America (b) Unification of Home-Grown and Transplanted Law: CIDIP Development of Comparative Law in Latin America (c) The Role of ‘Sub’-Regional Integration: MERCOSUR and the Andean Community Development of Comparative Law in Latin America (d) Copying European Softness: The Principles of Latin American Contract Law Development of Comparative Law in Latin America 3. Developments Determining, and Determined by, Comparative Law (a) The High Degree of Eclecticism Development of Comparative Law in Latin America (b) The Authority and Challenges of Comparative Law Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America (c) Comparative Law in Action: The Supreme Courts of Argentina and Brazil Development of Comparative Law in Latin America V. Final Remark Bibliography Development of Comparative Law in Latin America Notes: Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Development of Comparative Law in Latin America Comparative Law and Comparative Knowledge Abstract and Keywords Nils Jansen Edited by Mathias Reimann and Reinhard Zimmermann Comparative Law and Comparative Knowledge (p. 292) I. Introduction Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge II. Analysing Comparison 1. Comparison and Classification Comparative Law and Comparative Knowledge 2. Comparison and Qualification Comparative Law and Comparative Knowledge 3. Judging Similarity and Difference Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge (p. 299) 4. Choosing Tertia Comparationis: What Matters? Comparative Law and Comparative Knowledge 5. Complex Comparisons: Family Similarity and the Idea of an Idealtypus Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge III. Comparing Comparisons: Interests and Methods Comparative Law and Comparative Knowledge 1. Historical Linguistics: Searching Genetic Relations Comparative Law and Comparative Knowledge (a) A ‘Science of Language’ (b) The Comparative Method Comparative Law and Comparative Knowledge (c) Some Observations Comparative Law and Comparative Knowledge (p. 309) 2. Comparative Religion: Complex Typologies for a Complex Reality Comparative Law and Comparative Knowledge (a) The Idea of a Comparative Religionswissenschaft Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge (b) The Comparative Method Comparative Law and Comparative Knowledge (c) Some Observations Comparative Law and Comparative Knowledge 3. Understanding Social Change: General Explanations for Historic Developments? Comparative Law and Comparative Knowledge (a) Towards a ‘Histoire Comparée’ Comparative Law and Comparative Knowledge (p. 316) (b) Comparison and Theory Comparative Law and Comparative Knowledge IV. Concluding Remarks (p. 318) V. Summary Comparative Law and Comparative Knowledge Bibliography Comparative Law and Comparative Knowledge Notes: Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowledge Comparative Law and Comparative Knowled