Download or read book Comparative Law in a Global Context written by Werner F. Menski and published by Cambridge University Press. This book was released on 2006-03-30 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Download or read book Comparative Law written by Mathias Siems and published by Law in Context. This book was released on 2018-04-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Download or read book Reasons and Context in Comparative Law written by Sophie Turenne and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Honouring the work and writings of Professor John Bell, leading scholars present essays on factors affecting the course of 'legal development' in common law and Civilian systems. Offering a range of accessible and illustrative studies, the collection considers topical debates and develops avenues for the future of comparative legal research"--
Download or read book Comparative Law written by Mathias M. Siems and published by . This book was released on 2014 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Law in a Changing World written by Peter De Cruz and published by Routledge Cavendish. This book was released on 2007 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Roman Law Comparative Law written by Alan Watson and published by University of Georgia Press. This book was released on 1991 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.
Download or read book Comparative Law written by Esin Örücü and published by Bloomsbury Publishing. This book was released on 2007-10-12 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.
Download or read book The Cambridge Companion to Comparative Law written by Mauro Bussani and published by Cambridge University Press. This book was released on 2012-08-16 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.
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 976 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 Rule of Law in International and Comparative Context written by Robert McCorquodale and published by BIICL. This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references and index.
Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Download or read book The Cambridge Companion to Comparative Law written by Mauro Bussani and published by . This book was released on 2012 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.
Download or read book Law Out of Context written by Alan Watson and published by University of Georgia Press. This book was released on 2000 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and society are closely related, though the relationship between the two is both complicated and understudied. In a world of rapidly changing people, places, and ideas, law is frequently taken out of context, often with surprising and unnecessary consequences. As societies and their structures, religious doctrines, and economies change, laws previously established often remain unchanged. Dominant nations frequently impose their own laws on weaker nations, whether or not their cultures are similar. Conquered nations, after regaining freedom, often keep their conquerors' laws by default. Law is often misrepresented in literature, and legal scholars, citizens, and businesspeople alike ignore large portions of the legislation under which they live and work. Even the American system of legal education frequently proves itself irrelevant to a proper understanding of today's laws. Alan Watson studies examples from the ancient laws of Rome and Byzantium, laws within the Christian Gospels, and policies of legal education in the modern United States to demonstrate the need for a new approach to both law and legal education. Law Out of Context illustrates that only by understanding comparative legal history and by paying more attention to changes in our society can we hope to devise consistently fair and respected laws.
Download or read book American Law in a Global Context written by George P. Fletcher and published by Oxford University Press, USA. This book was released on 2005 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Paralegal program 101101.
Download or read book Practice and Theory in Comparative Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2012-07-05 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Enigma of Comparative Law written by Esin Örücü and published by Springer. This book was released on 2013-12-14 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.
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.
