Legislators, Judges, and Professors

Ed. by Jürgen Basedow, Holger Fleischer and Reinhard Zimmermann

[Gesetzgeber, Richter und Professoren.]

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ISBN 978-3-16-154986-1
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Published in English.
This volume presents the papers given at a symposium held by the Max Planck Institute for Comparative and International Private Law in cooperation with the Association Internationale des Sciences Juridiques and the Gesellschaft für Rechtsvergleichung. It continues the institute's recent line of comparative studies investigating questions of legal methodology.
As lawyers we are normally interested in various substantive areas of law; and as comparative lawyers we are interested in finding out about the differences and similarities between national legal systems. But from time to time we should also reflect on how we think and operate, and look at basic questions of legal methodology – both for the sake of understanding better what we do as lawyers immersed in our own legal systems and as lawyers attempting to assess and comprehend how foreign legal systems work. The nine essays in this volume are devoted to the topics of law-making today (with a focus on Japan, Turkey and Russia), judicial decision-making today (with a focus on England and Wales, Switzerland and Argentina), and legal scholarship today (with a focus on the United States, France and South Africa); and they thus revolve around the three protagonists of legal development: legislators, judges and professors.
Survey of contents
Law-Making Today
Yuko Nishitani:
Law-Making in Japan – Başak Baysal: Law-Making in Turkish Private Law – Andrey M. Shirvindt: Reforming the Russian Civil Code. A Search for Better Law-Making

Judicial Decision-Making Today
Thomas Coendet: Judicial Decision-Making Today. The Swiss Perspective – Matthew Dyson: Judicial Decision-Making in England and Wales – Agustín Parise: Judicial Decision-Making in Latin America. Unveiling the Dynamic Role of the Argentine Supreme Court

Legal Methodology Today
Aditi Bagchi: On the Very Idea of Legal Methodology – Jean-Sébastien Borghetti: Legal Methodology and the Role of Professors in France. Professorenrecht is not a French Word! – Helen Scott: The Death of Doctrine? Private-Law Scholarship in South Africa Today

Holger Fleischer is Director at the Max Planck Institute for Comparative and International Private Law in Hamburg and Affiliate Professor at the Bucerius Law School, Hamburg.

Jürgen Basedow (1949–2023)
1997–2017 Director em. of the Max Planck Institute for Comparative and International Private Law and Professor of Law, University of Hamburg.

Reinhard Zimmermann ist Direktor am Max-Planck-Institut für ausländisches und internationales Privatrecht und Professor an der Bucerius Law School, Hamburg.


The following reviews are known:

In: Banca, borsa et titoli di credito — 2018, 699 (VA)
In: Rivista delle Società — 2017, 618–619