- Title Pages
- Dedication
- The German Law Journal
- Contributors
- Acknowledgments
- German Law Journal Editors
- 1 Introduction—Comparative Law as Transnational Law
- 2 In Praise of Transnationalism
- 3 Positioning German Scholarship in the Global Arena
- 4 Theorizing Transnational Law—Observations on a Birthday
- 5 Law and Learning in an Era of Globalization
- 6 The Evolution of Legal Education
- Part Two Transnational Legal Philosophy
- 7 Westphalia – A Paradigm?
- 8 The Last Treatise
- 9 A Response
- 10 Review Essay—Remarks on Post-Sovereignty and International Legal Neoconservatism
- 11 Elements of Constitutionalization
- 12 Comparative Law’s Coming of Age? Twenty Years after Critical Comparisons
- Part Three Comparative Law—The Openness of German Constitutional Law
- 13 Avena and Sanchez-Llamas Come to Germany
- 14 Much Ado About Human Rights
- 15 National Constitutionalism, Openness to International Law, and the Pragmatic Limits of European Integration—European Law in the German Constitutional Court from EEC to the PJCC
- Part Four Comparative Law—The Transnational Character of German Private Law
- 16 The Reform of the German Private Limited Company
- 17 Review Essay—German Capital Market Law
- 18 Reforming German Corporate Governance
- 19 Review Essay—Jan Pieter Krahnen and Reinhard H. Schmidt’s The German Financial System
- 20 The German Draft Legislation on the Prevention of Discrimination in the Private Sector
- 21 Preparing Germany for the Twenty-First Century
- Part Five International Law and War Without Borders
- 22 Protego et obligo
- 23 Iraq and the Serious Consequences of Word Games
- 24 Antinomies of Power and Law
- 25 Terror, Sovereignty, and Law
- 26 Speech—Legal Issues in the War on Terrorism
- 27 Response—The Fight Against Terrorism and the Rules of International Law—A Comment on the Papers and Speeches of John B. Bellinger, Chief Legal Advisor to the United States State Department
- 28 Preventing Military Humanitarian Intervention?
- Part Six European Constitutional Law
- 29 Questioning European Union Constitutionalisms
- 30 Review Essay—Thomas Bruha et al., Eds., Welche Verfassung für Europa? [What Constitution for Europe?]
- 31 The European Constitutional Treaty
- 32 The Day the Earth Stood Still?—Reading Jürgen Habermas’s Essay “February 15” Against Ian McEwan’s Novel Saturday
- 33 Postconstitutional Treaty
- 34 Ireland’s Constitutional Amendability and Europe’s Constitutional Ambition
- Index
(p. xxi ) Acknowledgments
- Source:
- Comparative Law as Transnational Law
- Publisher:
- Oxford University Press
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- Title Pages
- Dedication
- The German Law Journal
- Contributors
- Acknowledgments
- German Law Journal Editors
- 1 Introduction—Comparative Law as Transnational Law
- 2 In Praise of Transnationalism
- 3 Positioning German Scholarship in the Global Arena
- 4 Theorizing Transnational Law—Observations on a Birthday
- 5 Law and Learning in an Era of Globalization
- 6 The Evolution of Legal Education
- Part Two Transnational Legal Philosophy
- 7 Westphalia – A Paradigm?
- 8 The Last Treatise
- 9 A Response
- 10 Review Essay—Remarks on Post-Sovereignty and International Legal Neoconservatism
- 11 Elements of Constitutionalization
- 12 Comparative Law’s Coming of Age? Twenty Years after Critical Comparisons
- Part Three Comparative Law—The Openness of German Constitutional Law
- 13 Avena and Sanchez-Llamas Come to Germany
- 14 Much Ado About Human Rights
- 15 National Constitutionalism, Openness to International Law, and the Pragmatic Limits of European Integration—European Law in the German Constitutional Court from EEC to the PJCC
- Part Four Comparative Law—The Transnational Character of German Private Law
- 16 The Reform of the German Private Limited Company
- 17 Review Essay—German Capital Market Law
- 18 Reforming German Corporate Governance
- 19 Review Essay—Jan Pieter Krahnen and Reinhard H. Schmidt’s The German Financial System
- 20 The German Draft Legislation on the Prevention of Discrimination in the Private Sector
- 21 Preparing Germany for the Twenty-First Century
- Part Five International Law and War Without Borders
- 22 Protego et obligo
- 23 Iraq and the Serious Consequences of Word Games
- 24 Antinomies of Power and Law
- 25 Terror, Sovereignty, and Law
- 26 Speech—Legal Issues in the War on Terrorism
- 27 Response—The Fight Against Terrorism and the Rules of International Law—A Comment on the Papers and Speeches of John B. Bellinger, Chief Legal Advisor to the United States State Department
- 28 Preventing Military Humanitarian Intervention?
- Part Six European Constitutional Law
- 29 Questioning European Union Constitutionalisms
- 30 Review Essay—Thomas Bruha et al., Eds., Welche Verfassung für Europa? [What Constitution for Europe?]
- 31 The European Constitutional Treaty
- 32 The Day the Earth Stood Still?—Reading Jürgen Habermas’s Essay “February 15” Against Ian McEwan’s Novel Saturday
- 33 Postconstitutional Treaty
- 34 Ireland’s Constitutional Amendability and Europe’s Constitutional Ambition
- Index