Foundations of Comparative Law PDF Download

Author: William Elliott Butler
Publisher: Wildy, Simmonds & Hill Publishing
ISBN: 9780854900923
Category : Comparative law
Languages : en
Pages : 0

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Book Description
The first book in decades to explore the historical, jurisprudential, and methodological foundations of modern comparative legal studies in the former Soviet Union, it is without precedent there in its breadth of authorship and methodological originality. For the western reader it constitutes a thoroughly representative introduction to the New Wave of comparative legal studies on the territory of the Independent States. Some issues that engage comparatists there are long familiar in the West; others are relatively new to the field in general, usually with an unusual twist generated by Eastern experience or philosophical disposition. Individual chapters address the periodization of comparative law, the place of Russia and Ukraine on the legal map of the world, the renaissance of Slavonic law, canon law, convergence between Anglo-American and Romano-Germanic legal systems, the integrating role of international law, and various approaches to typologies of modern legal systems.

Author: Reinhard Zimmermann
Publisher: Cambridge University Press
ISBN: 1139434624
Category : Law
Languages : en
Pages : 196

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Book Description
The emergence of a European private law is one of the great issues on the legal agenda of our time. Among the most prominent initiatives furthering this process is the work of the Commission on European Contract Law. The essays collected in this 2002 volume have their origin within this context. They explore two practically very important topics which had hitherto been largely neglected in comparative legal literature: set-off and 'extinctive' prescription (or limitation of actions). Professor Zimmermann lays the comparative foundations for a common approach which may provide the basis for a set of European principles. At the same time, the essays provide practical examples of the arguments that can be employed in the process of harmonising European private law on a rational basis. They explore topics such as the comparative experiences in the various modern legal systems and the direction in which the international development is heading.

Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0190903597
Category : Law
Languages : en
Pages : 349

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Book Description
To understand the international legal order in the field of criminal law, we need to ask three elementary questions. What is international law? What is criminal law? And what happens to these two fields when they are joined together? Volume Two of The Grammar of Criminal Law sets out to answer these questions through a series of twelve dichotomies - such as law vs. justice, intention vs. negligence, and causation vs. background events - that invite the reader to better understand the jurisprudential foundations of international criminal law. The book will appeal to anyone interested in the future of international cooperation in a time of national retrenchment, and will be of interest to students, scholars, and policymakers around the world.

Author: John O. Haley
Publisher: Edward Elgar Publishing
ISBN: 1785368508
Category : Law
Languages : en
Pages : 244

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Book Description
Law’s Political Foundations explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.

Author: Catherine Valcke
Publisher: Cambridge University Press
ISBN: 1108470068
Category : Law
Languages : en
Pages : 245

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Book Description
Reconstructs existing comparative law scholarship into a coherent analytic framework so as to both fend off current charges of theoretical arbitrariness and guide future work.

Author: Sagi Peari
Publisher: Oxford University Press
ISBN: 0190622318
Category : Law
Languages : en
Pages : 345

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Book Description
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.

Author: Denis J. Galligan
Publisher: Cambridge University Press
ISBN: 1107032881
Category : Law
Languages : en
Pages : 693

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Book Description
This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.

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: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Category : Law
Languages : en
Pages : 565

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Book Description
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.

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.