Rethinking the Masters of Comparative Law PDF Download

Author: Annelise Riles
Publisher: Hart Publishing
ISBN: 1841132896
Category : Law
Languages : en
Pages : 274

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Book Description
This book brings a new generation of comparative lawyers together to reflect on the character of their discipline.

Author: Günter Frankenberg
Publisher: Edward Elgar Publishing
ISBN: 1785363948
Category : Law
Languages : en
Pages : 295

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Book Description
Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.

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: Mathias Reimann
Publisher: Oxford University Press
ISBN: 0192565524
Category : Law
Languages : en
Pages : 1593

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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: Annelise Riles
Publisher:
ISBN: 9781472559135
Category : Comparative law
Languages : en
Pages : 262

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Book Description
Comparative Law is experiencing something of a renaissance, as legal scholars and practitioners traditionally outside the discipline find it newly relevant in projects such as constitution and code drafting, the harmonization of laws, court decisions, or as a tool for understanding the globalization of legal institutions. On the other hand, comparativists within the discipline find themselves asking questions about the identity of comparative law, what it is that makes comparative law unique as a discipline, what is the way forward. This book, designed with courses in comparative law as well as.

Author: Esin Örücü
Publisher: Bloomsbury Publishing
ISBN: 1847316980
Category : Law
Languages : en
Pages : 515

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Book Description
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.

Author: David S. Clark
Publisher: Oxford University Press
ISBN: 0195369920
Category : Law
Languages : en
Pages : 585

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Book Description
"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"--

Author: Kyle McGee
Publisher: Routledge
ISBN: 1317577515
Category : Law
Languages : en
Pages : 291

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Book Description
The first extended study of Bruno Latour’s legal theory, this book presents a critical reconstruction of the whole of Latour’s oeuvre to date, from Laboratory Life to An Inquiry into the Modes of Existence. Based on the powerful insights into normative effects that actor-network theory makes possible, the book advances a new theory of legal normativity and the force of law, rethinking Latour’s work on technology, the image, and referential scientific inscriptions, among others, and placing them within the ambit of legality. The book also captures and deepens the contrast between the modern legal institution and the value of law as a mode of existence, and provides a fulsome theoretical account of legal veridiction. Throughout, Latour’s thought is put into dialogue with important progenitors and adversaries as well as historical and contemporary strands of legal and political philosophy. But the thread of legality is not confined to Latour's reflections on the making of law; rather, it cuts through the whole of his highly diverse body of work. The empire of mononaturalism augured by modern philosophies of science is thoroughly juridical; as such, the actor-network theory that promises to undo that empire by freeing the value of the sciences from its epistemological clutches is unthinkable without the device of the trial and the descriptive semiotics of normativity that sustain ANT. The democratization of the sciences and the vibrancy of ecologized politics that become possible once the bifurcation of nature into essential primary and disposable secondary qualities is disabled, and once the ‘modern Constitution’ is called into doubt, also have important legal dimensions that have gone largely unexamined. Bruno Latour: The Normativity of Networks remedies this and other omissions, evaluating Latour’s thought about law while carrying it in striking new directions. This book introduces legal scholars and students to the thought of the philosopher and sociologist Bruno Latour, whilst also presenting a critical analysis of his work in and around law. This interdisciplinary study will be of interest to those researching in Law, Philosophy, and Sociology.

Author: Pascale Fournier
Publisher: Routledge
ISBN: 1317091124
Category : Law
Languages : en
Pages : 229

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Book Description
This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although the outcomes of the cases provide an illustrative framework for the book, the focus is broader than simply the adjudicative endeavours. The work explores the concept of liberalism, which purportedly champions individuals and individual choice concurrently with freedom and equality. Tensions between and among these concepts, however, inevitably arise. The acknowledgment and exploration of these intertwined tensions forms an important underpinning for the book. Through the analysis of case law from these four countries, this study suggests that transplanting Mahr from Islamic law into a Western courtroom cannot be undone: it immediately becomes rooted in the countries' legal, historical, political, and social backgrounds and flourishes (or fails) in diverse and unexpected ways. Rather than being the concept described by classical Islamic jurists, Mahr is interpreted according to wildly varied legal constructs and concepts such as multiculturalism, fairness, public policy, and gender equality. Moreover, Islamic law travels with a multiplicity of voices, and it is this complex hybridity (a fragmented and disjointed Mahr) which will be mediated through Western law. Returning to the overarching concept of liberalism, the book proposes that distributive consequences rather than recognition occupy central place in the evaluation of the legal options available to Muslim women upon divorce.

Author: Werner Menski
Publisher: Oxford University Press
ISBN: 0199088039
Category : Law
Languages : en
Pages : 668

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Book Description
This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.