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Author: William Elliott Butler
Publisher: Wildy, Simmonds & Hill Publishing
ISBN: 9780854900923
Category : Comparative law
Languages : en
Pages : 0
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Book Description
The first book in decades to explore the historical, jurisprudential, and methodological foundations of modern comparative legal studies in the former Soviet Union, it is without precedent there in its breadth of authorship and methodological originality. For the western reader it constitutes a thoroughly representative introduction to the New Wave of comparative legal studies on the territory of the Independent States. Some issues that engage comparatists there are long familiar in the West; others are relatively new to the field in general, usually with an unusual twist generated by Eastern experience or philosophical disposition. Individual chapters address the periodization of comparative law, the place of Russia and Ukraine on the legal map of the world, the renaissance of Slavonic law, canon law, convergence between Anglo-American and Romano-Germanic legal systems, the integrating role of international law, and various approaches to typologies of modern legal systems.
Author: William Elliott Butler
Publisher: Wildy, Simmonds & Hill Publishing
ISBN: 9780854900923
Category : Comparative law
Languages : en
Pages : 0
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Book Description
The first book in decades to explore the historical, jurisprudential, and methodological foundations of modern comparative legal studies in the former Soviet Union, it is without precedent there in its breadth of authorship and methodological originality. For the western reader it constitutes a thoroughly representative introduction to the New Wave of comparative legal studies on the territory of the Independent States. Some issues that engage comparatists there are long familiar in the West; others are relatively new to the field in general, usually with an unusual twist generated by Eastern experience or philosophical disposition. Individual chapters address the periodization of comparative law, the place of Russia and Ukraine on the legal map of the world, the renaissance of Slavonic law, canon law, convergence between Anglo-American and Romano-Germanic legal systems, the integrating role of international law, and various approaches to typologies of modern legal systems.
Author: Reinhard Zimmermann
Publisher: Cambridge University Press
ISBN: 1139434624
Category : Law
Languages : en
Pages : 196
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Book Description
The emergence of a European private law is one of the great issues on the legal agenda of our time. Among the most prominent initiatives furthering this process is the work of the Commission on European Contract Law. The essays collected in this 2002 volume have their origin within this context. They explore two practically very important topics which had hitherto been largely neglected in comparative legal literature: set-off and 'extinctive' prescription (or limitation of actions). Professor Zimmermann lays the comparative foundations for a common approach which may provide the basis for a set of European principles. At the same time, the essays provide practical examples of the arguments that can be employed in the process of harmonising European private law on a rational basis. They explore topics such as the comparative experiences in the various modern legal systems and the direction in which the international development is heading.
Author: Pierre Legrand
Publisher: Cambridge University Press
ISBN: 110732033X
Category : Law
Languages : en
Pages : 532
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Book Description
The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.
Author: René David
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Oleksiy V Kresin
Publisher: Wildy, Simmonds & Hill Publishing
ISBN: 9780854902729
Category :
Languages : en
Pages : 755
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Book Description
A revisionist interpretation of the origins of comparative law as a discipline, these volumes reconsider the period from 1750 to 1835 and take the origins of "legal comparativistics" back at least eight and a half decades in comparison with traditional understandings of the history of comparative jurisprudence. The influence of Hegelian approaches is much in evidence in this study. The transformations that occurred were propelled by the secularization of natural law. Legal knowledge separated itself from philosophy and became a positivist, social, and empirical legal science. Volume One addresses the historiographical, theoretical and methodological foundations of comparative legal studies, the scientific approaches to periodizing the history of comparative legal studies, conceptualization of the theoretical grounds of comparative legal studies, the prerequisites and context of the theoretical foundations of comparative legal studies, transformation of concepts on natural law, and the forming of doctrines of national law. Volume Two addresses the origins of the theoretical foundations of comparative law, and then turns to the roles of the Individual and the Universal in developing a comparative legal scientific picture of the world, with attention to the Particular in Law and the classification of national legal systems. The reconsideration of approaches to comparative-legal conceptualization is accompanied by an extensive Bibliography of sources.
Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0190903597
Category : Law
Languages : en
Pages : 400
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Book Description
To understand the international legal order in the field of criminal law, we need to ask three elementary questions. What is international law? What is criminal law? And what happens to these two fields when they are joined together? Volume Two of The Grammar of Criminal Law sets out to answer these questions through a series of twelve dichotomies - such as law vs. justice, intention vs. negligence, and causation vs. background events - that invite the reader to better understand the jurisprudential foundations of international criminal law. The book will appeal to anyone interested in the future of international cooperation in a time of national retrenchment, and will be of interest to students, scholars, and policymakers around the world.
Author: Itamar Mann
Publisher: Cambridge University Press
ISBN: 1316785297
Category : Political Science
Languages : en
Pages : 265
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Book Description
This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.
Author: Catherine Valcke
Publisher: Cambridge University Press
ISBN: 1108470068
Category : Law
Languages : en
Pages : 245
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Book Description
Reconstructs existing comparative law scholarship into a coherent analytic framework so as to both fend off current charges of theoretical arbitrariness and guide future work.
Author: Mathias Siems
Publisher: Law in Context
ISBN: 1107182417
Category : Law
Languages : en
Pages : 531
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Book Description
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Author: Olivier Moréteau
Publisher: Edward Elgar Publishing
ISBN: 1781955220
Category : Law
Languages : en
Pages : 512
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Book Description
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
