Comparative History And Legal Theory

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Comparative Law and Legal Traditions

Author : George Mousourakis
Publisher : Springer Nature
ISBN 13 : 3030282813
Total Pages : 323 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Comparative Law and Legal Traditions by : George Mousourakis

Download or read book Comparative Law and Legal Traditions written by George Mousourakis and published by Springer Nature. This book was released on 2019-11-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.

Comparative History and Legal Theory

Author : Jeffrey Seitzer
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313000670
Total Pages : 190 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Comparative History and Legal Theory by : Jeffrey Seitzer

Download or read book Comparative History and Legal Theory written by Jeffrey Seitzer and published by Bloomsbury Publishing USA. This book was released on 2001-05-30 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a commonplace of Schmitt scholarship that the controversial thinker sought to recapture some of the elan of the pre-Weimar state through his advocacy of effectively almost unlimited presidential government. Seitzer demonstrates how Schmitt believed comparative history itself could reinvigorate the ailing German state by subtly altering prevailing understandings of the relation of theory and practice in law and politics. Treating Schmitt's Constitutional Theory and Guardian of the Constitution as methodologically sophisticated comparative histories, Seitzer turns Schmitt's argument against itself. He shows how Schmitt's comparative histories, when properly executed, support a decentralized solution to the Republic's difficulties directly contrary to Schmitt's in terms of its purpose and effect. Problem-oriented, comparative-historical studies of key features of the Weimar system suggest that the dispersion of political power facilitates an institutional dialogue over constitutional principle and practice that better provides for political stability and democratic experimentation. These studies also suggest that linking forms of justification with institutions establishes a productive tension among norms and institutions that is essential to maintaining the viability of constitutional democracy, both in the short- and long-term. This work will be of considerable value to Schmitt scholars and those interested in German legal and political theory as well as those concerned with broad issues in comparative law and European history and political theory.

Comparative and Transnational History

Author : Heinz-Gerhard Haupt
Publisher : Berghahn Books
ISBN 13 : 0857456032
Total Pages : 303 pages
Book Rating : 4.8/5 (574 download)

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Book Synopsis Comparative and Transnational History by : Heinz-Gerhard Haupt

Download or read book Comparative and Transnational History written by Heinz-Gerhard Haupt and published by Berghahn Books. This book was released on 2012 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1970s West German historiography has been one of the main arenas of international comparative history. It has produced important empirical studies particularly in social history as well as methodological and theoretical reflections on comparative history. During the last twenty years however, this approach has felt pressure from two sources: cultural historical approaches, which stress microhistory and the construction of cultural transfer on the one hand, global history and transnational approaches with emphasis on connected history on the other. This volume introduces the reader to some of the major methodological debates and to recent empirical research of German historians, who do comparative and transnational work.

Global Legal History

Author : Joshua C. Tate
Publisher : Routledge
ISBN 13 : 1351068466
Total Pages : 353 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Global Legal History by : Joshua C. Tate

Download or read book Global Legal History written by Joshua C. Tate and published by Routledge. This book was released on 2018-12-07 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.

Comparative-Historical Methods

Author : Matthew Lange
Publisher : SAGE
ISBN 13 : 1446291286
Total Pages : 210 pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis Comparative-Historical Methods by : Matthew Lange

Download or read book Comparative-Historical Methods written by Matthew Lange and published by SAGE. This book was released on 2012-11-12 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bright, engaging title provides a thorough and integrated review of comparative-historical methods. It sets out an intellectual history of comparative-historical analysis and presents the main methodological techniques employed by researchers, including: - comparative-historical analysis, - case-based methods, - comparative methods - data, case selection and theory. Matthew Lange has written a fresh, easy to follow introduction which showcases classic analyses, offers clear methodological examples and describes major methodological debates. It is a comprehensive, grounded book which understands the learning and research needs of students and researchers.

Comparative Historical Analysis in the Social Sciences

Author : James Mahoney
Publisher : Cambridge University Press
ISBN 13 : 9780521016452
Total Pages : 476 pages
Book Rating : 4.0/5 (164 download)

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Book Synopsis Comparative Historical Analysis in the Social Sciences by : James Mahoney

Download or read book Comparative Historical Analysis in the Social Sciences written by James Mahoney and published by Cambridge University Press. This book was released on 2003-02-10 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically investigates the past accomplishments and future agendas of contemporary comparative-historical analysis. Its core essays explore three major issues: the accumulation of knowledge in the field over the past three decades, the analytic tools used to study temporal process and historical patterns, and the methodologies available for making inferences and for building theories. The introductory and concluding essays situate the field as a whole by comparing it to alternative approaches within the social sciences. Comparative Historical Analysis in the Social Sciences will serve as an invaluable resource for scholars in the field, and it will represent a challenge to many other social scientists - especially those who have raised skeptical concerns about comparative-historical analysis in the past.

The Oxford Handbook of Comparative Law

Author : Mathias Reimann
Publisher : Oxford University Press
ISBN 13 : 0192565516
Total Pages : 1425 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Comparative Law by : Mathias Reimann

Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1425 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Comparative Methods in Law, Humanities and Social Sciences

Author : Adams, Maurice
Publisher : Edward Elgar Publishing
ISBN 13 : 1802201467
Total Pages : 288 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Comparative Methods in Law, Humanities and Social Sciences by : Adams, Maurice

Download or read book Comparative Methods in Law, Humanities and Social Sciences written by Adams, Maurice and published by Edward Elgar Publishing. This book was released on 2021-11-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

An Introduction to Comparative Law Theory and Method

Author : Geoffrey Samuel
Publisher : Bloomsbury Publishing
ISBN 13 : 1849467552
Total Pages : 230 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis An Introduction to Comparative Law Theory and Method by : Geoffrey Samuel

Download or read book An Introduction to Comparative Law Theory and Method written by Geoffrey Samuel and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of Comparative Constitutional Law

Author : Michel Rosenfeld
Publisher : OUP Oxford
ISBN 13 : 0191640166
Total Pages : 1416 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Comparative Constitutional Law by : Michel Rosenfeld

Download or read book The Oxford Handbook of Comparative Constitutional Law written by Michel Rosenfeld and published by OUP Oxford. This book was released on 2012-05-17 with total page 1416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Subversive Legal History

Author : Russell Sandberg
Publisher :
ISBN 13 : 9781032044415
Total Pages : 0 pages
Book Rating : 4.0/5 (444 download)

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Book Synopsis Subversive Legal History by : Russell Sandberg

Download or read book Subversive Legal History written by Russell Sandberg and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trouble with law schools -- The problem with legal history -- Subversive legal history -- The F in feminist legal history -- The perils of periodisation -- Counterfactual legal history -- The parallel world of legal geography -- We are all legal historians now.

The Oxford Handbook of European Legal History

Author : Heikki Pihlajamäki
Publisher : Oxford University Press
ISBN 13 : 0191088374
Total Pages : 1217 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of European Legal History by : Heikki Pihlajamäki

Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Debating Legal Pluralism and Constitutionalism

Author : Guillaume Tusseau
Publisher : Springer Nature
ISBN 13 : 3030344320
Total Pages : 343 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Debating Legal Pluralism and Constitutionalism by : Guillaume Tusseau

Download or read book Debating Legal Pluralism and Constitutionalism written by Guillaume Tusseau and published by Springer Nature. This book was released on 2020-02-24 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.

A Cosmopolitan Jurisprudence

Author : Helge Dedek
Publisher : Cambridge University Press
ISBN 13 : 1108841724
Total Pages : 325 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis A Cosmopolitan Jurisprudence by : Helge Dedek

Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

Practice and Theory in Comparative Law

Author : Maurice Adams
Publisher : Cambridge University Press
ISBN 13 : 113953646X
Total Pages : 353 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Practice and Theory in Comparative Law by : Maurice Adams

Download or read book Practice and Theory in Comparative Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2012-07-05 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.

The Oxford Handbook of Legal History

Author : Markus D. Dubber
Publisher : Oxford University Press
ISBN 13 : 0192513133
Total Pages : 1201 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Legal History by : Markus D. Dubber

Download or read book The Oxford Handbook of Legal History written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-08-02 with total page 1201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Legal Pluralism Explained

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
ISBN 13 : 0190861584
Total Pages : 208 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Legal Pluralism Explained by : Brian Z. Tamanaha

Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 2021-03-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.