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Synopsis
Following the successful publication of his first volume4 of essays intitled FOREIGN LAW AND COMPARATIVE METHODOLOGY professor Markesinis continues his quest for the best way of presenting foreign law to Common law readers. This second volume thus contains essays on methodology: the horizontal application of human rights; the tortious liability of statutory bodies; the growing impact of human rights law on our law of torts; the differing approaches to problems raised by action for wrongful life and wrongful birth; differing judicial styles and what they can tell us about a foreign system, as well as the growing use of foreign law by British judges in their judicial and extra judicial work. These essays, along with their rich bibliographical references, will provide much food for thought to practitioners in these above-mentioned areas of the law as well as teadhers and researchers in the fields of public law, foreign law and legal methodology.
Booknews
Markesinis (common and civil law, University College, London) notes that many of the legal doctrines considered uniquely English were actually elaborated by writers conversant with French and German law. He decries the lack of comparative study in present day England and attempts to demonstrate the utility of comparative legal studies in 11 chapters (one written in German). For the most part, the essays explore issues of German law. Specific topics include the horizontal effect of the German human rights bill, tortious liability of statutory bodies, judicial style and reasoning in England and Germany, developing an English law of privacy, and foreign ideas and law in the English Courts. Distributed by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)