Book contents
- An Introduction to German Law and Legal Culture
- Law in Context
- An Introduction to German Law and Legal Culture
- Copyright page
- Contents
- Figures
- Tables
- Acknowledgments
- Note on Translations and Citation Style
- Note on the Cover
- Country Summary – Germany, The World Factbook (2021)
- 1 Introduction
- 2 The Civil Law Tradition
- 3 Germany’s Plural Legal Culture
- 4 Foundations I
- 5 Foundations II
- 6 Foundations III
- 7 German Private Law
- 8 German Public Law
- 9 German Public Law
- 10 German Criminal Law
- 11 German Procedural Law
- 12 The Europeanization of German Law
- 13 Epilogue
- Index
1 - Introduction
Encounters with Foreign Legal Cultures
Published online by Cambridge University Press: 13 November 2024
- An Introduction to German Law and Legal Culture
- Law in Context
- An Introduction to German Law and Legal Culture
- Copyright page
- Contents
- Figures
- Tables
- Acknowledgments
- Note on Translations and Citation Style
- Note on the Cover
- Country Summary – Germany, The World Factbook (2021)
- 1 Introduction
- 2 The Civil Law Tradition
- 3 Germany’s Plural Legal Culture
- 4 Foundations I
- 5 Foundations II
- 6 Foundations III
- 7 German Private Law
- 8 German Public Law
- 9 German Public Law
- 10 German Criminal Law
- 11 German Procedural Law
- 12 The Europeanization of German Law
- 13 Epilogue
- Index
Summary
Chapter 1 introduces students to the various approaches used to pursue comparative legal studies. It especially presents the orthodox “legal families“ approach to macro-comparative law. The chapter then considers several critiques of that tradition. H. Patrick Glenn challenges the concept of “legal families“ and suggests a “legal traditions” framework to replace it. The chapter then presents the social-contextual approach to comparative law as promoted by Legrand. Finally, the chapter urges students to recognize the ethical implications of comparative law through Frankenberg’s concepts of “distancing” and “differencing.”
Keywords
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- Information
- An Introduction to German Law and Legal CultureText and Materials, pp. 1 - 36Publisher: Cambridge University PressPrint publication year: 2024