The Mind and Method of the Legal Academic

'Jan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-à-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions - and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.' - Ralf Michaels, Duke University, US
'The Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.' - Ewoud Hondius, University of Utrecht, The Netherlands
'A wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.' - Gerhard Dannemann, Centre for British Studies, Berlin, Germany
'This book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.' - Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands
In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship.
Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture.
Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.
Contents: Preface Introduction: A Discipline in Crisis? 1. Legal Science: A Typology 2. The Homo Juridicus: Towards a Redefinition of Normative Legal Science 3. Methodology of Normative Legal Science 4. Organization of the Legal-academic Discourse Synopsis References Index

Smits, Jan M.

Legal Education

Edward Elgar Publishing

Contract Law: A Comparative Introduction

'With Contract Law: A Comparative Introduction, Jan Smits again demonstrates why he is one of the best and most creative scholars in the area of private law. Professor Smits is able to balance breadth and depth of coverage to produce a valuable introductory book, which helps fill a tremendous need and void in the literature. The book's mission as a self-described academic textbook is served at the highest level of analysis and elucidation. Its use of a wide array of civil, common, and international sources makes it not only a great textbook, but a valuable piece of scholarship for novice and scholar alike.'- Larry Di Matteo, University of Florida, US'Contract Law: A Comparative Introduction may be recommended to beginners and advanced readers - both will find it very interesting and useful. Although the author discusses all relevant issues, the book remains very user-friendly as it explains all ideas in a comprehensive yet concise manner. Moreover, it is written in a clear and easily understandable language that is essential particularly for non English native speakers. Finally, the book is a first class textbook for any comparative contract law courses.'- Konrad Osajda, University of Warsaw, Studies & Analyses Office, Supreme Court of PolandThis innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries.Unlike most other texts - which tend either to introduce students to the national contract law of their own country, or else to offer global and comparative perspectives to advanced students already familiar with the basics - this book offers a unique introduction to contract law by means of a comparative approach. It treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture.Perfectly pitched for international students and courses with a global outlook, Contract Law: A Comparative Introduction puts contract law in context by discussing empirical and economic insights.Key features:- Introduces key principles by comparing solutions from different jurisdictions- Wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law- Discusses economic and empirical approaches where appropriate- Focus on legal method as well as substantive law- Innovative design uses text boxes, color and graphics, making it an attractive tool for studyingDesigned with undergraduate courses in mind, the book also offers an excellent introduction to the field for anyone else interested in contract law. The innovative approach and engaging design of the book make it ideally suited for studying contract law in an international way, as well as for courses on comparative contract law.Contents: 1. Introduction 2. Sources of Contract Law 3. Offer and Acceptance 4. The Intention to Create Legal Relations 5. Legal Capacity of the Parties 6. Formalities 7. The Party Agreement: Interpretation and Gap Filling 8. The Principle of Good Faith and Policing Unfair Contract Terms 9. Defects of Consent and Misrepresentation 10. Prohibited Contracts 11. Performance 12. Damages for Non-Performance 13. Termination of the Contract Index

Foreign & International Law

Advanced Introduction to Private Law (Elgar Advanced Introductions series)

'A clear, accurate and extraordinary concise guide to the major doctrines of private law and current thought about what they mean. - James Gordley, Tulane University School of Law
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. 
In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.
Key features include: - succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike - written in a clear and engaging style - ample attention to the policy choices behind the rules - examples from a wide range of jurisdictions in both Europe, the UK and the US - places private law in its larger economic and societal context - addresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations - considers how the field could develop in the future. 
Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.

'A clear, accurate and extraordinary concise guide to the major doctrines of private law and current thought about what they mean.'James Gordley, Tulane University School of LawElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.Key features include:- succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike- written in a clear and engaging style- ample attention to the policy choices behind the rules- examples from a wide range of jurisdictions in both Europe, the UK and the US- places private law in its larger economic and societal context- addresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations- considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.

Contract Law: A Comparative Introduction, Second Edition

Acclaim for the first edition: 'Recommended to everyone, for students because of the clear and self-explanatory text and for experienced lawyers because of the sharp focus on the main principles of contract law.'- Eric Tjong Tjin Tai, Tilburg University, the Netherlands'A crystal clear expose of a difficult topic.'- Ewoud Hondius, Utrecht University, the Netherlands Reflecting the most recent changes in the law, the second edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits approaches contract law on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. Notable updates include consideration of the 2016 reform of the law of obligations in France and the 2015 UK Consumer Rights Act, as well as substantial new coverage of work on contracts and third parties. Key features:introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law focuses on legal method as well as substantive law attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key informationWith its innovative approach and engaging design this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions throughout Europe and beyond.

Business

Acclaim for the first edition:
'Recommended to everyone, for students because of the clear and self-explanatory text and for experienced lawyers because of the sharp focus on the main principles of contract law.' - Eric Tjong Tjin Tai, Tilburg University, the Netherlands
'A crystal clear expose of a difficult topic.' - Ewoud Hondius, Utrecht University, the Netherlands 
Reflecting the most recent changes in the law, the second edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. 
Jan Smits approaches contract law on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. Notable updates include consideration of the 2016 reform of the law of obligations in France and the 2015 UK Consumer Rights Act, as well as substantial new coverage of work on contracts and third parties. 
Key features:
<ul>
<li>introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law</li>
<li>draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law</li>
<li>focuses on legal method as well as substantive law</li>
<li> attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information With its innovative approach and engaging design this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions throughout Europe and beyond.
</li>
</ul>

Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits' unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts. Key features of the third edition include: <ul> <li>Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law</li> <li>Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond</li> <li>Focuses on legal method as well as substantive law</li> <li>Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information.</li> </ul> With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.

Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook.\nJan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.\nKey features of the third edition include:\nIntroduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law 
Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond 
Focuses on legal method as well as substantive law 
Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information.\nWith its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.

To what extent can differences in economic development among countries be explained by differing law and institutions. This volume takes stock of this debate and offers an integrated approach that not only takes into account the insights of economics, but also of comparative law and empirics.

Does Law Matter?: On Law and Economic Growth (100) (Ius Commune: European and Comparative Law Series)

Business & Money

Faure, Michael

Economics

Intersentia

See the best price to sell, buy, or rent books by Smits, Jan M.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Smits, Jan M.

See the best price to sell, buy, or rent books by Smits, Jan M.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Mind and Method of the Legal Academic

Contract Law: A Comparative Introduction

Contract Law: A Comparative Introduction

Advanced Introduction to Private Law (Elgar Advanced Introductions series)

Advanced Introduction to Private Law (Elgar Advanced Introductions series)

Contract Law: A Comparative Introduction, Second Edition

Contract Law: A Comparative Introduction, Second Edition

Contract Law: A Comparative Introduction

Contract Law: A Comparative Introduction

Does Law Matter?: On Law and Economic Growth (100) (Ius Commune: European and Comparative Law Series)