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Comparative Law as Transnational Law – A Decade of the German Law Journal - Oxford Scholarship Online
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Comparative Law as Transnational Law: A Decade of the German Law Journal

Russel A. Miller and Peer C. Zumbansen


This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In recognizing the lack of consensus on how to define transnational law, the text includes carefully selected works that originally appeared in the German Law Journal in order to help show the challenges of defining transnational law, and to help with the appreciation of 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 ... More

Keywords: legal cultures, consensus, transnational law, German Law Journal, transnationalization, global outlook

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780199795208
Published to Oxford Scholarship Online: January 2012 DOI:10.1093/acprof:oso/9780199795208.001.0001


Affiliations are at time of print publication.

Russel A. Miller, editor

Peer C. Zumbansen, editor

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Part One Transnational Legal Scholarship and Transnational Legal Learning

1 Introduction—Comparative Law as Transnational Law

By Russell A. Miller and Peer C. Zumbansen

7 Westphalia – A Paradigm?†

By Marcílio Toscano Franca Filho

8 The Last Treatise†

By David Kennedy

9 A Response†

By Martti Koskenniemi

11 Elements of Constitutionalization†

By Frank Schorkopf and Christian Walter

14 Much Ado About Human Rights†

By Matthias Hartwig

16 The Reform of the German Private Limited Company†

By Michael Beurskens & Ulrich Noack

18 Reforming German Corporate Governance†

By Theodor Baums & Peer C. Zumbansen

22 Protego et obligo†

By Michael Bothe & Andreas Fischer-Lescano

33 Postconstitutional Treaty†

By Alexander Somek

End Matter