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Comparing Law
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Download or read book Comparing Law written by Catherine Valcke and published by Cambridge University Press. This book was released on 2018-10-25 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Global Legal Traditions by : Michael J. Bazyler
Download or read book Global Legal Traditions written by Michael J. Bazyler and published by Carolina Academic Press LLC. This book was released on 2021 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Global Legal Traditions: Comparative Law for the 21st Century explores four legal traditions from around the world, both Western (German civil law and English common law) and non-Western (Chinese law and Islamic law). The book opens by focusing on European-based civil law, represented by German law, before moving on to the common law legal tradition seen in English law. Some comparative law casebooks and study guides stop with Western law but Global Legal Traditions continues by turning to the study of a secular non-European legal tradition by examining Chinese law, or more specifically the law of the People's Republic of China. The book's final section covers the non-state, religion-based legal tradition found in Islamic law, both in its pre-state form and how Islamic law manifests itself within the confines of sovereign state powers. Each part contains seven chapters intended to enable students to draw comparisons and make distinctions between the legal traditions under review. Each part includes five chapters covering common topics: history and development of the legal tradition; political process; judicial process; legal actors and legal education; and civil law. The remaining two chapters for each part focus on a legal subject most relevant to that legal tradition"--
Book Synopsis Comparative Constitutional Law by : Tom Ginsburg
Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Download or read book Comparative Law written by Mathias Siems and published by Law in Context. This book was released on 2018-04-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Book Synopsis Comparative Law by : Sean Patrick Donlan
Download or read book Comparative Law written by Sean Patrick Donlan and published by Routledge. This book was released on 2019-12-06 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
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.
Download or read book Comparative Law written by Alan Watson and published by . This book was released on 2010 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of Comparative Law: Law, Reality and Society does not deal with conventional comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain why they are as they are, and how they came to be. The author does not accept that to a great extent law reflects society or the power of the ruling elite. Chapter one serves as both introduction and conclusions. The conclusions are: 1) Governments and rulers are not much interested in developing law, especially not private law, but leave this to others to whom they do not grant power to make law; 2) Even famous lawmakers are seldom interested in a particular social issue in law or in giving law certainty; 3) Borrowing, even mindless, is the name of the legal game. Chapters range from grand legislation (the Ten Commandments and Napoleon's code civil) to unrecognized law in action and daily life (Jesus and the Samaritan woman, Jesus and the adulteress, the claim that Julius Caesar descended from a slave). Other chapters deal with judges' passivity in giving needlessly a judgment they claimed was unjust, to deciding against the judge's own theoretical and practical position (Somerset's Case). Likewise stressed is the difficulty of developing law fit for the society, and of understanding foreign legal thinking. The survival of law in different circumstances for centuries and also in a different place is emphasized. The chapters are separate entities, and the author claims that each must stand on its own merits, but he insists that if each is plausible, then together they present a very different approach to law in society from those habitually offered. About the author: Alan Watson, Professor of Law at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion.
Book Synopsis Comparative Law in a Global Context by : Werner F. Menski
Download or read book Comparative Law in a Global Context written by Werner F. Menski and published by Cambridge University Press. This book was released on 2006-03-30 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Comparative Law by : Harold Cooke Gutteridge
Download or read book Comparative Law written by Harold Cooke Gutteridge and published by CUP Archive. This book was released on 1971 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative Law by : Vivian Grosswald Curran
Download or read book Comparative Law written by Vivian Grosswald Curran and published by . This book was released on 2002 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law: An Introduction explores the position and nature of comparative law in a world in which contacts among different countries and cultures are increasing at an ever more rapid pace. Curran discusses the various goals of comparative legal analysis, including the problems of language and translation--problems that operate on a multitude of levels, endangering, limiting, and defining mutual understanding. The book explores the meaning of comparing; comparison's fundamental role in cognition; and its potentials for use in legal analysis beyond the field of comparative law. It spans topics such as comparative law's ability to challenge and debunk entrenched assumptions; the role of history and culture in forming the legal establishment's optic; and issues of validity and verifiability concerning the findings of comparative legal analysis. Comparative Law: An Introduction is designed to open the reader's mind to the complexities of comparative law, to present helpful ideas for engaging in comparative legal analysis, and to suggest the great adventures of the mind that await and reward comparatists. This book is part of the Comparative Law Series, edited by Michael L. Corrado, Arch T. Allen Distinguished Professor of Law, UNC School of Law. "Teachers of comparative law should take a look at this book." -- Bimonthly Review of Law Books, September/October 2002
Book Synopsis Comparative Property Law by : Michele Graziadei
Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Book Synopsis Roman Law & Comparative Law by : Alan Watson
Download or read book Roman Law & Comparative Law written by Alan Watson and published by University of Georgia Press. This book was released on 1991 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.
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.
Book Synopsis Methods of Comparative Law by : P. G. Monateri
Download or read book Methods of Comparative Law written by P. G. Monateri and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.
Book Synopsis Concise Introduction to Comparative Law by : Michael Bogdan
Download or read book Concise Introduction to Comparative Law written by Michael Bogdan and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's globalized world, jurists cannot limit themselves to studying the laws of their own country. This book is mainly intended to be used as a textbook for beginners taking introductory courses on foreign and comparative law. Its concise format makes it fit for use also in other courses, such as legal history or jurisprudence, having the ambition to provide the students with a basic knowledge about English, American, French, German, Chinese and Islamic law and legal culture, as well as about the methodological problems that arise in connection with studying, comparing and working with foreign legal systems in general. The book will hopefully also be useful as a spring-board towards more profound studies by students and others seeking more advanced knowledge. Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.
Book Synopsis Negative Comparative Law by : Pierre Legrand
Download or read book Negative Comparative Law written by Pierre Legrand and published by Cambridge University Press. This book was released on 2022-06-09 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negative Comparative Law presents a critical manifesto for a radically alternative approach to the theory and practice of comparative law. Harnessing insights from a range of disciplinary discourses, this book advocates for comparative law's rejection of its dominant epistemology and the investigation of the study of foreignness anew.
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 1536 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.
