Author: Maurice Adams
Publisher: Cambridge University Press
ISBN: 113953646X
Category : Law
Languages : en
Pages : 353
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Book Description
What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.
Author: John H. Farrar
Publisher: Springer Nature
ISBN: 9811392463
Category : Law
Languages : en
Pages : 223
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Book Description
This book examines how law functions in a multitude of facets and dimensions. The contributions shed light on the study of comparative law in legal scholarship, the relevance of comparative law in legal practice, and the importance of comparative law in legal education. The book will particularly appeal to those engaged in the teaching and scholarship of comparative law, and those seeking to uncover the various significant dimensions of the workings of law. The book is organised in three parts. Part I addresses scholarship, with contributors examining comparative legal issues as critique and from a theoretical framework. Part II outlines practice, with contributors discussing the function of comparative law in such comparatively diverse areas as international arbitration, environment, and the rule of law. Part III appraises comparative law in education.
Author: Andrew Kenyon
Publisher: CRC Press
ISBN: 1136791574
Category : Law
Languages : en
Pages : 479
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Book Description
1. Introduction -- 2. Is a defamatory meaning conveyed? English and Australian law -- 3. Defences relevant to meaning : English and Australian law -- 4. Meaning : English defamation practice -- 5. Meaning : New South Wales defamation practice -- 6. Meaning : Victorian defamation practice -- 7. Qualified privilege : English and Australian law and practice -- 8. US defamation law and practice -- 9. Lucas-box and Polly Peck in Australia -- 10. Comparative defamation law and practice.
Author: James A.R. Nafziger
Publisher: Edward Elgar Publishing
ISBN: 1781955182
Category : Law
Languages : en
Pages : 1084
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Book Description
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
Author: Harold Cooke Gutteridge
Publisher: CUP Archive
ISBN:
Category : Comparative law
Languages : en
Pages : 232
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Book Description
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: 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: Daniel Peat
Publisher: Cambridge University Press
ISBN: 1108415474
Category : Law
Languages : en
Pages : 293
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Book Description
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Author: Christian Campbell
Publisher: Kluwer Law International B.V.
ISBN: 9403501073
Category : Law
Languages : en
Pages : 245
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Book Description
The Comparative Law Yearbook of International Business, published under the aegis of the Center for International Legal Studies, Austria, in this 44th volume, aims to add to the contemporary discourse by exploring a wide array of challenges faced in the arena of business law. It serves to provide insight to business law practitioners and academics on the latest developments. The following topics have been discussed: How uniformity of the treaties and conventions is compromised after they are subjected to the varied interpretation of domestic law. How the contractual laws of different jurisdictions deal with situations such as global health crises. The role of the World Trade Organization in enhancing the legitimacy of global economic governance within the scope of the trade laws. How the concept of naked licensing in trademark law differs in the United States, United Kingdom, and India. How the best effort clauses operate as a mechanism to deal with unenforceable obligations in pandemic-like situations and how it is difficult to implement and comply with the same. Whether PRIME Finance is the last link in the global governance of financial institutions on international law-making or just a part of the social circle. Whether mediation should be made compulsory for all commercial litigation cases or is it time for the new rendition of Halsey v. Milton Keynes? The legal challenges faced by the adoption of Insurtech in the Fintech Industry. How the ex-post mechanism of Corporate Insolvency and Bankruptcy laws differs with respect to the rights and position of creditors in the liquidation process in India and Germany. How the Corporate Governance Code varies across different jurisdictions such as Mainland China, Hong Kong, South Korea, Singapore, Japan, and Germany. How the international investment law uncovers the inequalities between foreign investors and states, developed and developing states, and foreign and domestic investors. The authors are practitioners and academics from Argentina, Australia, Belgium, China, Finland, Germany, Hong Kong, India, Singapore, South Korea, and the United Kingdom. They provide a nuanced perspective on a large spectrum of issues witnessed in the arena of business laws.
Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190697571
Category : Law
Languages : en
Pages : 641
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Book Description
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
