Comparative Legal History

Edited by Olivier Moréteau, Louisiana State University, US, Aniceto Masferrer, University of Valencia, Spain and Kjell A. Modéer, University of Lund, Sweden

• Contents:List of contributorsAcknowledgmentsThe emergence of comparative legal history Aniceto Masferrer, Kjell Å. Modéer and Olivier MoréteauPART I Theory and Methods1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60 Adolfo Giuliani 2. Comparative? Legal? History? Crossing BoundariesSean Patrick Donlan 3. Methodological perspectives in comparative legal history: an analytical approachDag Michalsen 4. Comparative legal history: methodology for morphologyMatthew Dyson PART II LEGAL SOURCES5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of lawJacques Vanderlinden6. Convergence and the colonization of custom in pre-modern EuropeEmily Kadens 7. Custom as a source of law in European and East Asian legal historyMarie Seong-Hak Kim 8. The ius commune as the ‘ratio scripta’ in the civil law tradition: a comparative approach to the Spanish caseAniceto Masferrer and Juan A. Obarrio 9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison Dolores Freda PART III LEGAL INSTITUTIONS10. The triumph of judicial review: the evolution of post-revolutionary legal thoughtJean-Louis Halpérin 11. Killing the vampire of human culture: Slavery as a problem in international law Paul Finkelman and Seymour Drescher12. Continental European superior courts and procedure in civil actions (11th-19th centuries)C.H. (Remco) van Rhee 13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did common law manage without a concept of ownership? Why Roman law did notAnna Taitslin14. The common law and the Code civil: the curious case of the law of contractWarren Swain 15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945–2000, a comparative sketchKjell Å. Modéer PART IV CODIFICATION16. Unification and codification in today’s European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing eventsDirk Heirbaut 17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisionsAgustín Parise 18. Why was private law not codified in Sweden and Finland?Heikki Pihlajamäki Index

‘Comparative Legal History offers important and useful lenses in this process of understanding law in all its "socio-political colors".’