Comparative Legal Studies: Traditions and Transitions PDF Download

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: 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: Harold Cooke Gutteridge
Publisher: CUP Archive
ISBN:
Category : Comparative law
Languages : en
Pages : 232

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Book Description

Author: Adams, Maurice
Publisher: Edward Elgar Publishing
ISBN: 1802201467
Category : Law
Languages : en
Pages : 288

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Book Description
This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.

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: Mireille Delmas-Marty
Publisher: Collège de France
ISBN: 2722602792
Category : Law
Languages : en
Pages : 17

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Book Description
By combining a method – comparative studies – with an ongoing process – the internationalization of law, that is, its extension beyond national borders – this Chair looks to the future, as uncertain as it may be. Of course current events tragically highlight the absence of a real legal world order. The collective security system of the Charter of the United Nations has shown its weaknesses and law has been unable to disarm force. Conversely, however, force cannot prevent this unprecedented extension of law, to the extent that no State can lastingly override it. In spite of appearances, it is no longer possible today to ignore the superposition of regional, national and global standards, nor the over-abundance of both national and international institutions and judges, with expanded jurisdiction. The new realities are causing law to evolve into complex and highly unstable interactive systems that are perhaps more symptomatic of profound change than of the defeat of law: we are faced with a change in the very conception of the legal order.

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.

Author: Mathias Siems
Publisher: Law in Context
ISBN: 1107182417
Category : Law
Languages : en
Pages : 531

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Book Description
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.

Author: Oleksiy V Kresin
Publisher: Wildy, Simmonds & Hill Publishing
ISBN: 9780854902729
Category :
Languages : en
Pages : 755

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Book Description
A revisionist interpretation of the origins of comparative law as a discipline, these volumes reconsider the period from 1750 to 1835 and take the origins of "legal comparativistics" back at least eight and a half decades in comparison with traditional understandings of the history of comparative jurisprudence. The influence of Hegelian approaches is much in evidence in this study. The transformations that occurred were propelled by the secularization of natural law. Legal knowledge separated itself from philosophy and became a positivist, social, and empirical legal science. Volume One addresses the historiographical, theoretical and methodological foundations of comparative legal studies, the scientific approaches to periodizing the history of comparative legal studies, conceptualization of the theoretical grounds of comparative legal studies, the prerequisites and context of the theoretical foundations of comparative legal studies, transformation of concepts on natural law, and the forming of doctrines of national law. Volume Two addresses the origins of the theoretical foundations of comparative law, and then turns to the roles of the Individual and the Universal in developing a comparative legal scientific picture of the world, with attention to the Particular in Law and the classification of national legal systems. The reconsideration of approaches to comparative-legal conceptualization is accompanied by an extensive Bibliography of sources.

Author: Geoffrey Samuel
Publisher: Bloomsbury Publishing
ISBN: 1849467552
Category : Law
Languages : en
Pages : 230

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Book Description
This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.