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Author: Bernhard Grossfeld
Publisher: Oxford University Press, USA
ISBN:
Category : History
Languages : en
Pages : 144
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Book Description
This book is a unique and stylish reflection on the true value of comparative legal research. Arguing that the presumption of similarity that underlies much comparative legal research is dangerous and faulty, Grossfeld draws examples from the German and American legal systems to discuss legislation, private and public international law, domestic law, culture and law, geography and law, language and law, and religion and law.
Author: Bernhard Grossfeld
Publisher: Oxford University Press, USA
ISBN:
Category : History
Languages : en
Pages : 144
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Book Description
This book is a unique and stylish reflection on the true value of comparative legal research. Arguing that the presumption of similarity that underlies much comparative legal research is dangerous and faulty, Grossfeld draws examples from the German and American legal systems to discuss legislation, private and public international law, domestic law, culture and law, geography and law, language and law, and religion and law.
Author: George Mousourakis
Publisher: Springer Nature
ISBN: 3030282813
Category : Law
Languages : en
Pages : 323
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Book Description
The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.
Author: Peter De Cruz
Publisher: Taylor & Francis
ISBN: 104027899X
Category : Law
Languages : en
Pages : 525
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Book Description
Providing a comprehensive and comparative analysis of the legal approach to key areas of law within different legal systems, this book offers a blueprint for comparative legal study by evaluating the current epistemological debate on comparative law and comparative legal research methods. Substantive law, the law of obligations, commercial and corporate law within the major legal systems of the world are all examined and compared. While France and Germany are generally used as the archetypal civil law jurisdictions and English law as the main common law comparator, this third edition also examines the Russian Federation in the post-Soviet era and socialist legal influences as well as non-Western legal traditions. Fully updated and revised to include all recent developments, this edition also includes a broad historical introduction and outlines changes in EC Law. It assesses the possibility of Europeanization of national legal systems and certain legal topics, the impact of the globalization of legal institutions and the evolving 'new world order' in the early twenty-first century. Written in a clear, user-friendly style, Comparative Law in a Changing World is an accessible source for undergraduates and postgraduates wishing to trace the influence of common law and civil law legal traditions on jurisdictions across the world.
Author: Günter Frankenberg
Publisher: Edward Elgar Publishing
ISBN: 1785363948
Category : Law
Languages : en
Pages : 295
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Book Description
Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.
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.
Author: Husa, Jaakko
Publisher: Edward Elgar Publishing
ISBN: 1802209786
Category : Law
Languages : en
Pages : 256
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Book Description
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful and timely book introduces an explanatory theory for surveying global and international politics. Describing the nature and effects of democracy beyond the state, Hans Agné explores peace and conflict, migration politics, resource distribution, regime effectiveness, foreign policy and posthuman politics through the lens of democratism to both supplement and challenge established research paradigms.
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: J. M. Smits
Publisher: Edward Elgar Publishing
ISBN: 1781006105
Category : Law
Languages : en
Pages : 1025
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Book Description
Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
Author: Thomas Lundmark
Publisher: Oxford University Press, USA
ISBN: 0199738823
Category : Language Arts & Disciplines
Languages : en
Pages : 482
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Book Description
INTRODUCTION CHAPTER ONE: The Discipline of Comparative Law CHAPTER TWO: Comparative Legal Linguistics CHAPTER THREE: Comparative Jurisprudence CHAPTER FOUR: Lawyers CHAPTER FIVE: Judges and Judiciaries CHAPTER SIX: Lay Judges and Juries CHAPTER SEVEN: Legal Reasoning CHAPTER EIGHT: Statutes and their Construction CHAPTER NINE: Judicial Precedents CONCLUSION.
Author: Catherine Valcke
Publisher: Cambridge University Press
ISBN: 110863382X
Category : Law
Languages : en
Pages : 245
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Book Description
The enterprise of comparative law is familiar, yet its conceptual whereabouts remain somewhat obscure. Comparing Law: Comparative Law as Reconstruction of Collective Commitments reconstructs comparative law scholarship into a systematic account of comparative law as an autonomous academic discipline. The point of that discipline is neither to harmonize world law, nor to emphasize its cultural diversity, but rather to understand each legal system on its own terms. As the proposed reconstruction exercise involves bridging comparative law and contemporary legal theory, it shows how comparative law and legal theory both stand to benefit from being exposed to each other. At a time when many courses are adding a transnational perspective, Valcke offers a more theoretical, broadened, and refreshed view of comparative law.
