Dissertations on the Questions which Arise from the Contrariety of the Positive Laws of Different States and Nations PDF Download
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Author: Samuel Livermore
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 192
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Book Description
Author: Samuel Livermore
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 192
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 412
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Book Description
Author: Toshiyuki Kono
Publisher: BRILL
ISBN: 9004285083
Category : Law
Languages : en
Pages : 216
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Book Description
Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This book, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This book clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency.
Author: David S. Clark
Publisher: Oxford University Press
ISBN: 0195369920
Category : Law
Languages : en
Pages : 585
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Book Description
"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9024712122
Category : Law
Languages : en
Pages : 432
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Book Description
This book is an in-depth, comparative study of the nature of civil & commercial law & of its development in the PRC. It focuses on the very complex interrelations & interactions between Party & state policies & measures, scholars' theoretical efforts & the development of civil & commercial law, especially the development of the institutions of legal personality & of property rights in the PRC. It also analyses the underlying influences of foreign legal systems & legal theories as well as the difficulties experienced by Chinese law makers & scholars in applying these theories. The book provides fresh insights into the role of law & the transformation of Chinese civil & commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil & commercial law in contemporary China.
Author: Inge Van Hulle
Publisher: BRILL
ISBN: 9004412085
Category : Law
Languages : en
Pages : 242
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Book Description
International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period. Three themes are explored: ‘international law and revolutions’ which reappraises the revolutionary period as crucial to understanding the dynamics of international order and law in the nineteenth century. In ‘law and empire’, the traditional subject of nineteenth-century imperialism is tackled from the perspective of both theory and practice. Finally, ‘the rise of modern international law’, covers less familiar aspects of the formation of modern international law as a self-standing discipline. Contributors are: Camilla Boisen, Raphaël Cahen, James Crawford, Ana Delic, Frederik Dhondt, Andrew Fitzmaurice, Vincent Genin, Viktorija Jakjimovska, Stefan Kroll, Randall Lesaffer, and Inge Van Hulle.
Author: William W. Crosskey
Publisher: University of Chicago Press
ISBN: 9780226121345
Category : History
Languages : en
Pages : 722
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Book Description
When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism. This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition. This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 418
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Book Description
Author: J. G. Marvin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 820
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Book Description
Author: Judith Kelleher Schafer
Publisher: LSU Press
ISBN: 9780807121658
Category : History
Languages : en
Pages : 420
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Book Description
Winner of the Francis Butler Simkins Award for 1995 and the 1994 General L. Kemper Williams Prize In what may be the most impressive research to date of state supreme court records, this study analyzes the evolution of Loui siana’s slave laws from the territorial period to the Civil War. Schafer presents numerous concise case his tories, stories that are fascinating and at times heartbreaking in the particulars they reveal about slaves’ existence. Anyone interested in slavery will find Schafer’s work riveting reading, for it depicts in detail, probably better than most fictional or narrative accounts, what living in bondage could mean.
