Comparative Law in the Courtroom and Classroom

Sir Basil Markesinis,QC, LL.D. (Cantab.) DCL (Oxon) D. Iur h.c. (Ghent, Paris I (Sorbonne) and Munich), is Professor of Common and Civil Law at University College London and Jamail Regents Chair at the University of Texas at Austin.

• Abbreviations Table of Cases 1. Reflections on the State of Comparative Law I: The Twilight of the Heroes 1. Of Ghettoes and Smart Neighbourhoods 2. Decline 2. Reflections on the State of Comparative Law II: The Death of Heroes and the Era of Societal Needs 1. The Emergence of a Strategy 2. The Rabel Method Over Time 3. Functional Specificity: More of the Same Medicine 4. Old (Bad) Habits and New (Silly) Threats 5. From Heroes to Movements of Contemporary Globalisation 3. Spreading the Gospel (and the Name of the Evangelist) 1. Aims to be Pursued 2. Warnings and Caveats 3. Some Raw Data 4. Drawing the First Lessons 5. The Situation in Germany 6. The Case of South Africa 7. A Postscript 4. Foreign Law Inspiring National Law: Lessons from Greatorex v Greatorex 1. The Theory Put into Practice 2. The German Model 3. The Application of the German Idea to Greatorex 4. Unresolved Questions 5. The American Dimension 6. Some Tentative Conclusions 5. The Focused Approach in Public Law 1. Introduction 2. A Study in Parallel 3. The Reasoning of the Courts 4. In Search of a Rapprochement 5. Wider Conclusions 6. Reflecting on the Future: An Epilogue Appendix 1: Correspondence Between Lord Atkin and Professor H C Gutteridge Appendix 2: The German Approach Appendix 3: Databases Searched Index

...the book stands out as a deep moral demand, without cant or humbug or hypocrisy...In short, it is the perfect medium for beginners, practitioners, lecturers in comparative law, and for anyone seeking information, backup, or starting points, for a discussion about the utility of studying foreign law and developing an attractive comparative methodology. Guido Alpa International and Comparative Law Quarterly, Vol 55, Part 2 April 2006 [Markesini's] depiction both of the historical background and of future objectives is captivating. Professor Dr Graf von Bernstorff Aussenwirtschaftliche Praxis January 2005 This is an amusing, stimulating, and sometimes controversial work by an outstanding scholar. Professor Markesinis's book is clear, well documented and displays great learning There is no room for doubt that he has written an illuminating and sometimes provocative book, which will be found very rewarding by the large majority of those who purchase it. Frank Wooldridge International and Comparative Law Quarterly March 2004 The author provides a glowing insight, penetrative and sometimes caustic characterisation of some of the specialists of comparative law and their agendas Professor Dr Peter Schlechtriem Juristen Zeitung April 2005