Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Oxford Handbook of Comparative Administrative Law written by Peter Cane and published by Oxford University Press, USA. This book was released on 2021-01-17 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

Download or read book Recueil Des Cours Collected Courses 1960 written by Hague Academy of International Law and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparative Law and Legal Traditions written by George Mousourakis and published by Springer Nature. This book was released on 2019-11-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Paradigms in Modern European Comparative Law written by Balázs Fekete and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Gifts written by Richard Hyland and published by Oxford University Press. This book was released on 2009 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two thousand years, Western legal systems have had to alter some of their most basic principles in order to regulate the giving of gifts. This is a study of how legal concepts from the marketplace have been reshaped to accommodate a fundamentally different type of social practice. Richard Hyland examines the law of gifts in England, India, and the United States, and in Belgium, France, Germany, Italy, and Spain. Giftsalso surveys the extensive discussion about gift giving in anthropology, history, economics, philosophy, and sociology. In addition, Hyland offers a critique of the functionalist method in comparative law and demonstrates the benefits of an interpretive approach.

Download or read book Rethinking Historical Jurisprudence written by Samuel, Geoffrey and published by Edward Elgar Publishing. This book was released on 2022-10-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine.

Download or read book Elgar Encyclopedia of Comparative Law Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Epistemology and Method in Law written by Geoffrey Samuel and published by Routledge. This book was released on 2016-12-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

Download or read book Semiotics of International Law written by Evandro Menezes de Carvalho and published by Springer Science & Business Media. This book was released on 2010-10-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.

Download or read book Comparative Law written by Uwe Kischel and published by Oxford University Press. This book was released on 2019-02-21 with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.

Download or read book The Past Present and Future of Comparative Law Le pass le pr sent et le futur du droit compar written by Katharina Boele-Woelki and published by Springer. This book was released on 2018-07-16 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is published by the International Academy of Comparative Law to honor five great comparatists: Jean-Louis Baudouin from Canada, Xavier Blanc-Jouvan from France, Mary Ann Glendon from the United States of America, Hein Kötz from Germany, and Rodolfo Sacco from Italy. The five great minds present their thoughts on the past, the present and future of comparative law and in doing so they particularly focus on the future of the International Academy of Comparative Law, comparative law methodology and the teaching of comparative law. The book is essential reading for researchers and academics wanting to know what these respected legal scholars have contributed to comparative law, how they differ and when and why they excelled. Moreover, the views presented suggest how the role of the Academy can be developed in order to deal with the current challenges of comparative law. Ce livre est publié par l'Académie internationale de droit comparé en l'honneur de cinq grands comparatistes : Jean-Louis Baudouin du Canada, Xavier Blanc-Jouvan de France, Mary Ann Glendon des États-Unis, Hein Kötz d'Allemagne et Rodolfo Sacco d'Italie. Ces cinq grands esprits offrent leurs réflexions sur le passé, le présent et le futur du droit comparé et, ce faisant, se concentrent particulièrement sur l'avenir de l'Académie internationale de droit comparé, la méthodologie ainsi que l'enseignement du droit comparé. Ce livre est une lecture essentielle pour les chercheurs et les universitaires qui s’intéressent aux contributions au droit comparé de ces juristes respectés, la manière dont ils diffèrent et quand et pourquoi ils ont excellé. De plus, les points de vue présentés suggèrent comment le rôle de l'Académie peut être développé pour faire face aux défis actuels du droit comparé.

Download or read book Recueil Des Cours written by and published by Martinus Nijhoff Publishers. This book was released on 1974-08-08 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Concepts of Law written by Lukas Heckendorn Urscheler and published by Routledge. This book was released on 2016-05-23 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ’governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.

Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2022-03-24 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.

Download or read book International Law in Comparative Perspective written by William Elliott Butler and published by BRILL. This book was released on 1980-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book American Comparative Law written by David S. Clark and published by Oxford University Press. This book was released on 2022-09-02 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--