Uncertainty in Comparative Law and Legal History

Known Unknowns

Andrew J. Bell, Joanna McCunn

$305

Hardback

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English

Routledge
13 December 2024

Comparative law; Legal history; Private international law & conflict of laws; Civil procedure: law of evidence; Contract law

Series: Transforming Legal Histories

Laws are imposed on facts. But what is the law to do when its rules for establishing facts do not—because they cannot—produce a satisfactory answer? Scenarios that raise this intractable uncertainty problem have been treated as isolated concerns, but are in fact endemic across legal systems. They can cross jurisdictional and doctrinal boundaries, have recurred throughout history, and demand creative thinking from those faced with them. This book explores the law’s understandings of and responses to such situations from a comparative historical perspective. It investigates how the law has framed these most difficult problems of uncertainty; dealt with uncertainty’s often unclear boundaries; and developed a broad range of different responses to solve or avoid it, across doctrine, time, and jurisdiction. The work examines a selection of key uncertainty problems across private law as elements of a singular uncertainty issue endemic in legal systems. This analysis will be of interest to historians and comparatists, but also to doctrinal, theoretical, and other scholars and practitioners. The analysis leaves us better informed and better equipped for dealing with future scenarios where uncertainty arises, including insights beyond national and doctrinal confines.

Edited by: Andrew J. Bell, Joanna McCunn
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9781032873756
ISBN 10: 1032873752
Series: Transforming Legal Histories
Pages: 330
Publication Date: 13 December 2024
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Andrew J. Bell is a Lecturer in Law at the University of Bristol, UK, and a Fellow of the European Centre of Tort and Insurance Law. Joanna McCunn is a Senior Lecturer in Law at the University of Bristol, UK.