Convergence, Divergence, and the Middle Way in Unifying Or Harmonising Private Law PDF Download
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Author: Luke Nottage
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 52
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Book Description
Author: Luke Nottage
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 52
Get Book Here
Book Description
Author: Luke Nottage
Publisher:
ISBN:
Category :
Languages : en
Pages : 37
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Book Description
Author: Paul Beaumont
Publisher: Bloomsbury Publishing
ISBN: 1847310141
Category : Law
Languages : en
Pages : 288
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Book Description
This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe,in particular, but not exclusively, public law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU (Michael Keating and Joanne Scott); of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU (Deirdre Curtin, Ige Dekker, Bruno de Witte and Carole Lyons); the cross-fertilisation of administrative law concepts between the EU level and the national level (Chris Himsworth, Ton Heukels and Jamila Tib); the need for and legitimacy of a European Union competence on human rights (Gráinne de Búrca, Paul Beaumont and Niamh NicShuibhne); and whether private law and public law differ in the extent to which they go to the heart of (reflect) national culture and therefore in the extent to which they are amenable to convergence (Carol Harlow, Pierre Legrand and Neil Walker).
Author: Mary Keyes
Publisher: Routledge
ISBN: 1317164822
Category : Law
Languages : en
Pages : 251
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Book Description
Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.
Author: Heli Askola
Publisher: Bloomsbury Publishing
ISBN: 1847313523
Category : Law
Languages : en
Pages : 238
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Book Description
The phenomenon of trafficking in women for sexual exploitation, which in the last decade has changed from a marginal 'non-issue' to a legitimate concern in many parts of the world, has become familiar through newspaper coverage, and now, finally, legislators and law enforcement agencies have begun to act. In Europe many EU Member States now have (or are developing) at least some sort of anti-trafficking policies (with some of them in the forefront of global anti-trafficking efforts). Moreover, the EU itself has become markedly more active with regard to curbing trafficking in human beings, as part of its migration control and police and judicial co-operation functions. However, even co-ordinated efforts such as those being worked on by the EU tend to produce only short-term 'cures' to a problem that is in truth global and structural in nature and which cannot be eradicated - or necessarily even significantly reduced - through policing and migration control measures alone. Too often there is little debate on broader measures which might be targeted to address the 'root causes' of trafficking, such as poverty, under-development, general lack of economic and migration opportunities and, above all, gender inequality. Against this background, this book deals with present efforts to control trafficking in women for sexual exploitation. In doing so it examines claims that what is needed effectively to prevent and tackle trafficking is a 'comprehensive' approach, and at the very least one that is far more wide-ranging and coherent than what exists today, and also analyses the assertion that destination countries, and more specifically Member States of the EU, could and perhaps should, take more action against trafficking through regional co-operation, particularly in the framework of the EU, rather than as individual Member States. The book will be of interest to a wide range of scholars in EU law, human rights, comparative law, sociology, feminist theory and politics, as well as policy-makers, practitioners and NGO activists in various European countries.
Author: Antonina Bakardjieva Engelbrekt
Publisher: Edward Elgar Publishing
ISBN: 1849803218
Category : Law
Languages : en
Pages : 303
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Book Description
This in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state. The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law. It offers a plurality of perspectives on the theory and methods of comparative law as a legal discipline, but also on comparative law when concretely applied in projects of legal aid, harmonisation of law and legal reform. Offering a multi-disciplinary perspective, this book will appeal to researchers and policymakers in international organisations. It will also serve as a valuable resource for advanced level courses on comparative law, and on law reform and legal aid.
Author: Mark Van Hoecke
Publisher: Bloomsbury Publishing
ISBN: 1847311245
Category : Law
Languages : en
Pages : 408
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Book Description
Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.
Author: Esin Örücü
Publisher: Bloomsbury Publishing
ISBN: 1847316980
Category : Law
Languages : en
Pages : 480
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Book Description
This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.
Author: David Nelken
Publisher: Routledge
ISBN: 1351955608
Category : Law
Languages : en
Pages : 542
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Book Description
This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.
Author: Maurice Adams
Publisher: Bloomsbury Publishing
ISBN: 1782254927
Category : Law
Languages : en
Pages : 348
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Book Description
Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.
