Comparative Law as Transnational Law: A Decade of the German Law Journal

ISBN : 9780199795208

Russel A. Miller; Peer C. Zumbansen
528 ページ
163 x 242 mm

In Comparative Law as Transnational Law: A Decade of the German Law Journal, Russell A. Miller and Peer C. Zumbansen have assembled the works of scholars from around the world, forming a richly contextual demonstration of the increasing encounters and tensions among legal cultures. In recognizing the lack of consensus on how to define transnational law, Miller and Zumbansen have carefully selected works that originally appeared in the German Law Journal in order to help readers to grasp the challenges of defining transnational law, and to appreciate the differing approaches towards it. Some, for example, maintain that the processes of transnationalization has created a space for a new, discrete corpus of law-a field in its own right that is the equal of public international law or conflict of laws. Others understand the perceived transnational phenomena to be illustrations of an emerging legal culture that no longer fits the traditional distinction between national and international jurisdictions. In offering different approaches to such an understanding of transnational law, these works also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.


Introduction: Transnationalizing Legal Scholarship - A Decade of the German Law Journal
Theorizing Transnational Law
Comparative Law - The Openness of German Public Law
Comparative Law - German Private Law in the World
International Law and War without Borders
European Constitutional Law


Russell Miller is an Associate Professor at the Washington and Lee University School of Law. Professor Miller has degrees from Washington State University, Duke University and the Johann Wolfgang Goethe University. He is the co-author (with Donald Kommers) of the forthcoming third edition of the well-known English-language treatise The Constitutional Jurisprudence of the Federal Republic of Germany (Duke University Press) and co-Founder and co-Editor-in-Chief of the German Law Journal. Peer Zumbansen is the Canada Research Chair in the Transnational and Comparative Law of Corporate Governance and Director of the Critical Research Laboratory in Law & Society at Osgoode Hall Law School of York University. Professor Zumbansen holds the state law exam from the University of Frankfurt, a Licence en droit from the Universite de Paris X, an LL.M. from Harvard and a Ph.D. and a Habilitation from the University of Frankfurt.