Are Legal Systems Converging or Diverging?

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Author :
Publisher : Springer
ISBN 13 : 9783031381799
Total Pages : 0 pages
Book Rating : 4.3/5 (817 download)

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Book Synopsis Are Legal Systems Converging or Diverging? by : Emilie Ghio

Download or read book Are Legal Systems Converging or Diverging? written by Emilie Ghio and published by Springer. This book was released on 2023-09-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on two main aspects: legal convergence and crises. Despite the abundance of literature on legal convergence over the years, the question of whether legal systems are converging or diverging remains unanswered. This book provides a valuable contribution to questions concerning comparative law, legal convergence, and legal transplants by examining them through the lens of crises. Crises challenge countries’ legal systems and prompt institutional responses to tackle perceived shortcomings in the law. The crises witnessed by the world over the last two decades have highlighted two seemingly contradictory tendencies: (i) increased cooperation and a natural phenomenon of legal convergence as states find common solutions to common problems;(ii) a preference for state-centric solutions, which prioritise domestic interests; rejection of supranational standards and harmonisation efforts; and protection of domestic sovereignty. This book aims to determine whether, in times of crisis, foreign laws, rules, and concepts can transcend countries’ domestic legal systems, or whether states’ responses to crises lead to legal divergence and disintegration. Unlike traditional studies on convergence, this edited volume takes an international and cross-thematic approach, with chapters focusing on how legislation in selected jurisdictions has responded to crises. Therefore, the book’s originality lies in its truly global nature, with chapters and authors surveying jurisdictions in Africa, North and South America, Asia, Europe and Oceania. The breadth of legal areas covered, with a mix of private and public law, also add to its uniqueness. From Russia to Germany and from bankruptcy law to environmental law, the book examines whether, as a result of crises, policy and legal responses have adopted, copied, or implemented features, policies, principles and/or rules from other legal systems (convergence), or have departed from existing legal norms, adopting policies and rules that differ from those of other countries (divergence).

Common Law and Civil Law Today

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Publisher : Vernon Press
ISBN 13 : 9781622737444
Total Pages : 504 pages
Book Rating : 4.7/5 (374 download)

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Book Synopsis Common Law and Civil Law Today by : Marko Novakovic

Download or read book Common Law and Civil Law Today written by Marko Novakovic and published by Vernon Press. This book was released on 2019-05-09 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.

Common Law and Civil Law Today - Convergence and Divergence

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Author :
Publisher : Vernon Press
ISBN 13 : 1622738071
Total Pages : 502 pages
Book Rating : 4.6/5 (227 download)

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Book Synopsis Common Law and Civil Law Today - Convergence and Divergence by : Marko Novakovic

Download or read book Common Law and Civil Law Today - Convergence and Divergence written by Marko Novakovic and published by Vernon Press. This book was released on 2019-05-09 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.

The Forces of Economic Globalization

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119949
Total Pages : 480 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Forces of Economic Globalization by : Katherine Lynch

Download or read book The Forces of Economic Globalization written by Katherine Lynch and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order ? comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ? on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.

Accommodating Diversity in Multilevel Constitutional Orders

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Author :
Publisher : Routledge
ISBN 13 : 9781032409801
Total Pages : 0 pages
Book Rating : 4.4/5 (98 download)

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Book Synopsis Accommodating Diversity in Multilevel Constitutional Orders by : Jakob Gasperin Wischhoff

Download or read book Accommodating Diversity in Multilevel Constitutional Orders written by Jakob Gasperin Wischhoff and published by Routledge. This book was released on 2023-07-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Law and Society in East Asia

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Author :
Publisher : Routledge
ISBN 13 : 1351560719
Total Pages : 661 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Law and Society in East Asia by : Christoph Antons

Download or read book Law and Society in East Asia written by Christoph Antons and published by Routledge. This book was released on 2017-07-05 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: The massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.

Dimensions of Evidence in European Civil Procedure

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166653
Total Pages : 450 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Dimensions of Evidence in European Civil Procedure by : Vesna Rijavec

Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

Law and Development in East and South-East Asia

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Author :
Publisher : Routledge
ISBN 13 : 1135795851
Total Pages : 401 pages
Book Rating : 4.1/5 (357 download)

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Book Synopsis Law and Development in East and South-East Asia by : Christoph Antons

Download or read book Law and Development in East and South-East Asia written by Christoph Antons and published by Routledge. This book was released on 2005-10-05 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.

Legal Data and Information in Practice

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Publisher : Routledge
ISBN 13 : 100053636X
Total Pages : 152 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Legal Data and Information in Practice by : Sarah A. Sutherland

Download or read book Legal Data and Information in Practice written by Sarah A. Sutherland and published by Routledge. This book was released on 2022-01-31 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Data and Information in Practice provides readers with an understanding of how to facilitate the acquisition, management, and use of legal data in organizations such as libraries, courts, governments, universities, and start-ups. Presenting a synthesis of information about legal data that will furnish readers with a thorough understanding of the topic, the book also explains why it is becoming crucial that data analysis be integrated into decision-making in the legal space. Legal organizations are looking at how to develop data-driven insights for a variety of purposes and it is, as Sutherland shows, vital that they have the necessary skills to facilitate this work. This book will assist in this endeavour by providing an international perspective on the issues affecting access to legal data and clearly describing methods of obtaining and evaluating it. Sutherland also incorporates advice about how to critically approach data analysis. Legal Data and Information in Practice will be essential reading for those in the law library community who are based in English-speaking countries with a common law tradition. The book will also be useful to those with a general interest in legal data, including students, academics engaged in the study of information science and law.

Epistemology and Ontology

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Publisher : Franz Steiner Verlag
ISBN 13 : 9783515087070
Total Pages : 204 pages
Book Rating : 4.0/5 (87 download)

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Book Synopsis Epistemology and Ontology by : International Association for Philosophy of Law and Social Philosophy. World Congress

Download or read book Epistemology and Ontology written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2005 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Economics and Deliberative Theories D. Coskun: Law as symbolic form. Ernst Cassirer and the anthropocentric view of law L. De Sutter: How to Get Rid of Legal Theory? L. Garc�a Ruiz: On the Concept of Law and Its Place in the Legal-Philosophical Research N. Intzessiloglou: Socio-semiotic and socio-cybernetic approaches to legal regulation in an interdisciplinary framework L. Kaehler: The indeterminacy of legal indeterminacy M. Mahlmann: Kant's Conception of Practical Reason and the Prospects of Mentalism M. Mahlmann / J. Mikhail: Cognitive Science, Ethics and Law t G. Noll: The Exclusionary Construction of Human Rights in International Law and Political Theory C. Peterson: The Concept of Legal Dogmatics: From Fiction to Fact F. Puppo: Law, authority and freedom in Sophocles' Antigone M. Sandstr�m: The Concept of Legal Dogmatics Revisited B. Schafer: Ontological commitment and the concept of �legal system� in comparative law and legal theory S. Schaumburg-Mueller: Truth, Law, and Human Rights P. Sommaggio: Boethius' definition of persona: a fundamental principle of modern legal thought X. Yu: Human Faculties and Human Societies - A Three Dimensional Cultural Epistemology W. Zaluski: The Concept of Kantian Rationality and Game Theory.

UPSC Mains Solved Previous Papers – General Studies Paper 1, 2, 3, 4 (2013 Onwards)

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Author :
Publisher : by Mocktime Publication
ISBN 13 :
Total Pages : 827 pages
Book Rating : 4./5 ( download)

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Book Synopsis UPSC Mains Solved Previous Papers – General Studies Paper 1, 2, 3, 4 (2013 Onwards) by : Exam Xtracts

Download or read book UPSC Mains Solved Previous Papers – General Studies Paper 1, 2, 3, 4 (2013 Onwards) written by Exam Xtracts and published by by Mocktime Publication. This book was released on 2023-06-01 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: UPSC Mains Solved Previous Papers – General Studies Paper 1, 2, 3, 4 (2013 Onwards)

Legal and Ethical Aspects of International Business

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Publisher : Aspen Publishing
ISBN 13 : 1454846380
Total Pages : 1613 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Legal and Ethical Aspects of International Business by : Eric L. Richards

Download or read book Legal and Ethical Aspects of International Business written by Eric L. Richards and published by Aspen Publishing. This book was released on 2015-01-28 with total page 1613 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective managers must accurately assess the legal and ethical ramifications of complex business transactions. This requires familiarity with the basic principles of international law, and an understanding of the importance of culturally diverse ethical traditions in all of their business relationships. Legal and Ethical Aspects of International Business is your authoritative guide to the law and ethics of business leadership in the global market. It provides the vehicle for today s and tomorrow s managers to successfully navigate the legal and ethical environment of business around the world. Classroom-tested and business-world vetted, Legal and Ethical Aspects of International Business provides: Overviews and opening questions at the outset of each chapter that forecast central concepts and learning objectives A variety of cases that will peak student interest and fuel class discussion Careful editing of cases that preserves the legal and ethical issues confronting global business managers, without miring the reader in jargon and extraneous details Questions and Problem Cases at the end of each chapter that provide opportunities to test knowledge and apply theory to practice In Focus and Global Note inserts that explore hot topics like privacy, cyber security, and sustainability International and comparative perspectives, as the authors look at how substantive issues are addressed by different legal systems around the world Visual aids, such as flowcharts, integrated throughout the book, that illustrate and reinforce key concepts Ethics in Action inserts that demonstrate the role of ethics in global business transactions

Private Law in China and Taiwan

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Publisher : Cambridge University Press
ISBN 13 : 1107154243
Total Pages : 361 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Private Law in China and Taiwan by : Yun-chien Chang

Download or read book Private Law in China and Taiwan written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2017 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

Oswaal UPSC CSE Mains 11 Years Solved Papers (2013-2023) General Studies For Civil Services Exams 2024

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Publisher : Oswaal Books
ISBN 13 : 935728897X
Total Pages : 579 pages
Book Rating : 4.3/5 (572 download)

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Book Synopsis Oswaal UPSC CSE Mains 11 Years Solved Papers (2013-2023) General Studies For Civil Services Exams 2024 by : Oswaal Editorial Board

Download or read book Oswaal UPSC CSE Mains 11 Years Solved Papers (2013-2023) General Studies For Civil Services Exams 2024 written by Oswaal Editorial Board and published by Oswaal Books. This book was released on 2023-10-25 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: Description of the product: 1) Time-Tested Excellence: This book is a time machine through 11 years of UPSC Main papers, including the 2023 edition. 2) Practice Makes Perfect: Extensive solved papers offer you ample opportunities to practice and build the confidence you need. 3) Answer Writing Mastery: Unlock the art of effective answer writing with valuable exam insights. 4) Clarity Through Explanation: This book provides approach to each question and extensive model answers with current examples to ensure your understanding is rock solid. 5) Stay Ahead with Trends: Our Micro Trend Analysis keeps you up to date with evolving question patterns, making you 100% exam-ready. 6) Expert Mentorship: Seek guidance and overcome exam jitters with expert advice and tips.

IAS Mains Paper 2 Governance Constitution, Polity Social Justice & International Relations 2021

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Author :
Publisher : Arihant Publications India limited
ISBN 13 : 9324199439
Total Pages : 628 pages
Book Rating : 4.3/5 (241 download)

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Book Synopsis IAS Mains Paper 2 Governance Constitution, Polity Social Justice & International Relations 2021 by : Mohit Sharma

Download or read book IAS Mains Paper 2 Governance Constitution, Polity Social Justice & International Relations 2021 written by Mohit Sharma and published by Arihant Publications India limited. This book was released on 2020-10-01 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Green Giants?

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Author :
Publisher : MIT Press
ISBN 13 : 9780262720441
Total Pages : 420 pages
Book Rating : 4.7/5 (24 download)

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Book Synopsis Green Giants? by : Norman J. Vig

Download or read book Green Giants? written by Norman J. Vig and published by MIT Press. This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of current environmental policy trends in the United States and the European Union and the implications for future transatlantic and global cooperation.

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Author :
Publisher : Arihant Publications India limited
ISBN 13 : 9326191176
Total Pages : 673 pages
Book Rating : 4.3/5 (261 download)

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Book Synopsis by :

Download or read book written by and published by Arihant Publications India limited. This book was released on with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: