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Author: Andrew J. Bell
Publisher: Taylor & Francis
ISBN: 1040267319
Category : Law
Languages : en
Pages : 257
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Book Description
Laws are imposed on facts. But what is the law to do when its rules for establishing facts do not—because they cannot—produce a satisfactory answer? Scenarios that raise this intractable uncertainty problem have been treated as isolated concerns, but are in fact endemic across legal systems. They can cross jurisdictional and doctrinal boundaries, have recurred throughout history, and demand creative thinking from those faced with them. This book explores the law’s understandings of and responses to such situations from a comparative historical perspective. It investigates how the law has framed these most difficult problems of uncertainty; dealt with uncertainty’s often unclear boundaries; and developed a broad range of different responses to solve or avoid it, across doctrine, time, and jurisdiction. The work examines a selection of key uncertainty problems across private law as elements of a singular uncertainty issue endemic in legal systems. This analysis will be of interest to historians and comparatists, but also to doctrinal, theoretical, and other scholars and practitioners. The analysis leaves us better informed and better equipped for dealing with future scenarios where uncertainty arises, including insights beyond national and doctrinal confines.
Author: Andrew J. Bell
Publisher: Taylor & Francis
ISBN: 1040267319
Category : Law
Languages : en
Pages : 257
Get Book Here
Book Description
Laws are imposed on facts. But what is the law to do when its rules for establishing facts do not—because they cannot—produce a satisfactory answer? Scenarios that raise this intractable uncertainty problem have been treated as isolated concerns, but are in fact endemic across legal systems. They can cross jurisdictional and doctrinal boundaries, have recurred throughout history, and demand creative thinking from those faced with them. This book explores the law’s understandings of and responses to such situations from a comparative historical perspective. It investigates how the law has framed these most difficult problems of uncertainty; dealt with uncertainty’s often unclear boundaries; and developed a broad range of different responses to solve or avoid it, across doctrine, time, and jurisdiction. The work examines a selection of key uncertainty problems across private law as elements of a singular uncertainty issue endemic in legal systems. This analysis will be of interest to historians and comparatists, but also to doctrinal, theoretical, and other scholars and practitioners. The analysis leaves us better informed and better equipped for dealing with future scenarios where uncertainty arises, including insights beyond national and doctrinal confines.
Author: Andrew J Bell
Publisher:
ISBN: 9781003537526
Category : Law
Languages : en
Pages : 0
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Book Description
Laws are imposed on facts. But what is the law to do when its rules for establishing facts do not--because they cannot--produce a satisfactory answer? Scenarios that raise this intractable uncertainty problem have been treated as isolated concerns, but are in fact endemic across legal systems. They can cross jurisdictional and doctrinal boundaries, have recurred throughout history, and demand creative thinking from those faced with them. This book explores the law's understandings of and responses to such situations from a comparative historical perspective. It investigates how the law has framed these most difficult problems of uncertainty; dealt with uncertainty's often unclear boundaries; and developed a broad range of different responses to solve or avoid it, across doctrine, time and jurisdiction. The work examines a selection of key uncertainty problems across private law as elements of a singular uncertainty issue endemic in legal systems. This analysis will be of interest to historians and comparatists, but also to doctrinal, theoretical and other scholars and practitioners. The analysis leaves us better informed and better equipped for dealing with future scenarios where uncertainty arises, including insights beyond national and doctrinal confines.
Author: Alan Watson
Publisher: Hart Publishing
ISBN: 1841131571
Category : Law
Languages : en
Pages : 449
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Book Description
This book focused on texts and contexts is dedicated to a great contemporary Romanist, legal historian and comparative lawyer: Professor Watson.
Author: Joanna Jemielniak
Publisher: Routledge
ISBN: 1317106202
Category : Law
Languages : en
Pages : 288
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Book Description
This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
Author: Olivier Moréteau
Publisher: Edward Elgar Publishing
ISBN: 1781955220
Category : Law
Languages : en
Pages : 513
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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.
Author: Balázs Fekete
Publisher: Bloomsbury Publishing
ISBN: 1509946926
Category : Law
Languages : en
Pages : 221
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Book Description
This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.
Author: Mathias Reimann
Publisher: Oxford University Press
ISBN: 0192565516
Category : Law
Languages : en
Pages : 1425
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Book Description
This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
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:
Publisher:
ISBN:
Category :
Languages : en
Pages : 416
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Book Description
Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513141
Category : Law
Languages : en
Pages : 1201
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Book Description
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
