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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: 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: Roberto Scarciglia
Publisher: Edward Elgar Publishing
ISBN: 1035308800
Category : Law
Languages : en
Pages : 239
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Book Description
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.
Author: Roberto. Scarciglia
Publisher: Edward Elgar Publishing
ISBN: 9781035308798
Category :
Languages : en
Pages : 0
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Book Description
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems. Chapters introduce a historical perspective to provide readers with the tools for deeper comparative legal research, while also discussing the various methods of comparative law and their usefulness in legal education and research. Roberto Scarciglia outlines a detailed methodological framework for the study of complex global issues, and explores the idea that collaboration between scholars and the growing trend towards interdisciplinarity are necessary to study complex legal problems and avoid superficial comparisons. Providing a well-rounded exploration and navigation of this important topic, this book will be an essential companion for both undergraduate and postgraduate law students. Legal scholars and practitioners will benefit from the nuanced discussion of research on different legal systems.
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: William Warwick Buckland
Publisher: CUP Archive
ISBN:
Category : Common law
Languages : en
Pages : 472
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Book Description
Author: Michel Rosenfeld
Publisher: OUP Oxford
ISBN: 0191640166
Category : Law
Languages : en
Pages : 1416
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Book Description
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Author: Annelise Riles
Publisher: Bloomsbury Publishing
ISBN: 1847311717
Category : Law
Languages : en
Pages : 274
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Book Description
Comparative Law is experiencing something of a renaissance,as legal scholars and practitioners traditionally outside the discipline find it newly relevant in projects such as constitution and code drafting, the harmonization of laws, court decisions, or as a tool for understanding the globalization of legal institutions. On the other hand, comparativists within the discipline find themselves asking questions about the identity of comparative law, what it is that makes comparative law unique as a discipline, what is the way forward. This book, designed with courses in comparative law as well as scholarly projects in mind, brings a new generation of comparativists together to reflect on the character of their discipline. It aims to incite curiosity and debate about contemporary issues within comparative law by bringing the discipline into conversation with debates in anthropology, literary and cultural studies, and critical theory. The book addresses questions such as what is the disciplinary identity of comparative law; how should we understand its relationship to colonialism, modernism, the Cold War, and other wider events that have shaped its history; what is its relationship to other projects of comparison in the arts, social sciences and humanities; and how has comparative law contributed at different times and in different parts of the world to projects of legal reform. Each of the essays frames its intervention around a close reading of the life and work of one formative character in the history of the discipline. Taken as a whole, the book offers a fresh and sophisticated picture of the discipline and its future. Contents: Montesquieu: the specter of despotism and the origins of comparative law (Robert Launay); Max Weber and the uncertainties of categorical comparative law (Ahmed White); Rethinking Hermann Kantorowicz: Free law, American legal realism and the legacy of anti-formalism (Vivian Grosswald Curran); Encountering amateurism: John Henry Wigmore and the uses of American formalism (Annelise Riles); Nobushige Hozumi: A skillful transplanter of western legal thought into Japanese soil (Hitoshi Aoki); Sanhuri, comparative law and Islamic legal reform, or why cultural authenticity is impossible (Amr Shalakany); Sculpting the agenda of comparative law: Ernst Rabel and the facade of language (David J. Gerber); René David: At the head of the family (Jorge L. Esquirol); Postmodern-Structural Comparative Jurisprudence? The aggregate impact of R. B. Schlesinger and R. Sacco to the understanding of the legal order (Ugo Mattei).
Author: Matei Candea
Publisher: Cambridge University Press
ISBN: 1108474608
Category : Social Science
Languages : en
Pages : 407
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Book Description
Presents a systematic rethinking of the power and limits of comparison in anthropology.
Author: Erica S. Simmons
Publisher: Cambridge University Press
ISBN: 1108967086
Category : Political Science
Languages : en
Pages : 303
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Book Description
Qualitative comparative methods – and specifically controlled qualitative comparisons – are central to the study of politics. They are not the only kind of comparison, though, that can help us better understand political processes and outcomes. Yet there are few guides for how to conduct non-controlled comparative research. This volume brings together chapters from more than a dozen leading methods scholars from across the discipline of political science, including positivist and interpretivist scholars, qualitative methodologists, mixed-methods researchers, ethnographers, historians, and statisticians. Their work revolutionizes qualitative research design by diversifying the repertoire of comparative methods available to students of politics, offering readers clear suggestions for what kinds of comparisons might be possible, why they are useful, and how to execute them. By systematically thinking through how we engage in qualitative comparisons and the kinds of insights those comparisons produce, these collected essays create new possibilities to advance what we know about politics.
Author: P. G. Monateri
Publisher: Edward Elgar Publishing
ISBN: 1781005117
Category : Law
Languages : en
Pages : 339
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Book Description
Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.
