ABSTRACT

This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri.

Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice.

Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.

part I|98 pages

Comparative Law and Its Methods

chapter 1|19 pages

Has Comparative Law Progressed?

chapter 2|17 pages

Comparative Law and Its Methods

Pier Giuseppe Monateri's Dominus Mundi between Neoliberal Globalism and Authoritarian Liberalism

chapter 4|12 pages

The Comparatist and Plato's Cave

chapter 6|13 pages

The Enigma of Law

Looking at Comparative Law through the Lenses of Legal Anthropology 1

part II|65 pages

Comparative Private Law

chapter 7|15 pages

Damages for Breach of Contract

The Legacy of Conceptualism

chapter 9|15 pages

From the Mud Contract to the Crystal Contract

The Role of Good Faith in the Latin American Law of Contract

chapter 10|13 pages

Paradigms and Operational Rules in Contract Law

‘Theological Consensualism’ and the Theory of a ‘Juridical Theology’ Applied to the Consent Principle

chapter 11|8 pages

Personal Injury in Peru

The influence of Pier Giuseppe Monateri's Contribution

part III|52 pages

Law and Literature

chapter 12|14 pages

Ars Justitiae

Vives and Vico on Law and Humanist Education

chapter 13|13 pages

Beckett's Weather Report

chapter 14|11 pages

From Shakespeare's Othello to Alex Garland's Ex Machina

The Technique of Suspicion

chapter 15|12 pages

‘Set'

part IV|65 pages

The Politics and Ontology of Law

chapter 16|18 pages

If Black Gaius Were a Woman

Ontology, Desire and Denial in Law

chapter 17|16 pages

Alterity on the Terms of the Law

For an Ontology of the In-Between

chapter 18|15 pages

A Purely Western Tradition

The 100th Anniversary of the Orientalisation Debate

chapter 19|14 pages

Approximation and Harmonisation of Private Law in Europe

Reflections from the Viewpoint of Comparative Law

part V|30 pages

Comparative Law and Economics