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Author: John Merryman Publisher: Springer ISBN: Category : Law Languages : en Pages : 562
Book Description
In these critical essays a leading comparative lawyer: examines the movement for convergence of the Civil Law and the Common Law describes the Italian Style and the French Deviation contrasts Common Law estate with Civil Law ownership explains why the distinction between public law and private law is important to Civil Lawyers but has little interest for Common Lawyers exposes the fatal emptiness at the core of the Law and Development movement proposes a marriage of comparative law and scientific explanation emphasizes the fundamental relation between law and social and cultural change argues that the dominant tradition of comparative law teaching and scholarship is trapped in a cramped and arid 19th century paradigm advocates a culturally broader and historically richer approach to comparative law teaching and scholarship
Author: John Merryman Publisher: Springer ISBN: Category : Law Languages : en Pages : 562
Book Description
In these critical essays a leading comparative lawyer: examines the movement for convergence of the Civil Law and the Common Law describes the Italian Style and the French Deviation contrasts Common Law estate with Civil Law ownership explains why the distinction between public law and private law is important to Civil Lawyers but has little interest for Common Lawyers exposes the fatal emptiness at the core of the Law and Development movement proposes a marriage of comparative law and scientific explanation emphasizes the fundamental relation between law and social and cultural change argues that the dominant tradition of comparative law teaching and scholarship is trapped in a cramped and arid 19th century paradigm advocates a culturally broader and historically richer approach to comparative law teaching and scholarship
Author: Esin Örücü Publisher: Springer ISBN: 9401755965 Category : Law Languages : en Pages : 243
Book Description
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?'.
Author: Joan Church Publisher: Unisa Press ISBN: 1868883612 Category : Comparative law Languages : en Pages : 356
Book Description
In terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries.
Author: Mathias Reimann Publisher: Oxford University Press ISBN: 0192565524 Category : Law Languages : en Pages : 1536
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: Francesca Fiorentini Publisher: Springer Nature ISBN: 3030347540 Category : Law Languages : en Pages : 306
Book Description
This volume features papers written in honor of Mauro Bussani, and celebrates the work and contributions of this renowned scholar of comparative law. The content reflects the various theoretical and practical areas in which he has already left a lasting mark. The essays explore the theory and practice of comparative law in different areas and contexts, and highlight innovative approaches to a large variety of hot-topic private and public law subjects. The authors include young scholars, lawyers, legal consultants, human rights activists, and practitioners, all of whom Professor Bussani has trained, supervised, and supported throughout their careers. The contributions emphasize the many ways in which Professor Bussani’s teaching and scientific output have enriched, revolutionized, and challenged both theory and practice. They cover e.g. the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.
Author: James A.R. Nafziger Publisher: Edward Elgar Publishing ISBN: 1781955182 Category : Law Languages : en Pages : 1084
Book Description
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
Author: Emma Lees Publisher: Oxford University Press ISBN: 0192508377 Category : Law Languages : en Pages : 1092
Book Description
This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
Author: Mathias Siems Publisher: Law in Context ISBN: 1107182417 Category : Law Languages : en Pages : 531
Book Description
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Author: John Merryman
Author: John Merryman
Author: Esin Örücü
Author: Joan Church
Author: Pierre Legrand
Author: Mathias Reimann
Author: Francesca Fiorentini
Author: Jens Drolshammer
Author: James A.R. Nafziger
Author: Emma Lees
Author: Mathias Siems