European Legal Method

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Publisher : Djoef Publishing
ISBN 13 : 9788757428681
Total Pages : 0 pages
Book Rating : 4.4/5 (286 download)

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Book Synopsis European Legal Method by : Ulla Boegh Neergaard

Download or read book European Legal Method written by Ulla Boegh Neergaard and published by Djoef Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Europe there is, and has been for some years, a seemingly renewed debate on methodology in legal research. In the first years of its existence, EU law was generally perceived as rather superficial, immature, and fragmentary, with many gaps and inconsistencies. Now, EU law is ripening and the mutual embeddedness of EU law and the national law of its Member States is becoming more intense. It is therefore both more possible, and more necessary, to identify and explain the legal method that is applied by European legal actors, in particular legal scholars and courts, when analyzing EU law and the law of Member States within the scope of EU legal application. This book brings together essays by leading legal scholars from a number of European countries regarding European legal method(s). It is the second publication within the European Legal Methods research project and is the result of a conference held in November 2011. The contributors are all focused on different legal disciplines and represent different legal cultures and research styles, partly related to different geographical backgrounds.

European Legal Method

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Author :
Publisher : Djoef Publishing
ISBN 13 : 9788757431254
Total Pages : 0 pages
Book Rating : 4.4/5 (312 download)

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Book Synopsis European Legal Method by : Ulla Boegh Neergaard

Download or read book European Legal Method written by Ulla Boegh Neergaard and published by Djoef Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together essays by leading legal scholars from a number of European countries on European legal method(s). In Europe there is, and has for some years been, a seemingly renewed debate on methodology in legal research. In the first years of its existence EU law was generally perceived as rather superficial, immature and fragmentary with many gaps and inconsistencies. Now, EU law is ripening and the mutual embeddedness of EU law and the national law of its Member States is becoming more intense. It is therefore both more possible and more necessary to identify and explain the legal method that is applied by European legal actors, in particular legal scholars and courts, when analysing EU law and the law of EU Member States within the scope of application of EU law. This book is the second publication within the European Legal Methods research project and is the result of a conference held in November 2011. Most of the contributors are all legal scholars concerned within d

European Legal Method

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Author :
Publisher : Djoef Publishing
ISBN 13 : 9788757423778
Total Pages : 0 pages
Book Rating : 4.4/5 (237 download)

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Book Synopsis European Legal Method by : Ulla Boegh Neergaard

Download or read book European Legal Method written by Ulla Boegh Neergaard and published by Djoef Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extent to which it is possible to identify a coherent legal method (a doctrine of the sources of law and their interpretation) that may be applied when analyzing EU law and the law of EU Member States. European Legal Method: Paradoxes and Revitalisation looks at what characterizes the sources of law and the interpretation methods that are actually used by European legal actors, especially judges and researchers. It examines the changes in the relative importance of various sources of law that occur in connection with the integration of EU law into national law.

Legal Method

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Publisher : Bloomsbury Publishing
ISBN 13 : 1137122706
Total Pages : 368 pages
Book Rating : 4.1/5 (371 download)

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Book Synopsis Legal Method by : Ian McLeod

Download or read book Legal Method written by Ian McLeod and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors. This ninth edition of Legal Method provides a lively introduction to the nature of the English legal system and its sources, and to the techniques which lawyers use when handling those sources. The text assumes no prior knowledge and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited. This is an ideal course companion for both law undergraduate and GDL/CPE students. Includes end of chapter summaries and self-test exercises.

The Politics of European Legal Research

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Publisher : Edward Elgar Publishing
ISBN 13 : 180220119X
Total Pages : 288 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis The Politics of European Legal Research by : Bartl, Marija

Download or read book The Politics of European Legal Research written by Bartl, Marija and published by Edward Elgar Publishing. This book was released on 2022-04-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.

European Legal Methodology, 2nd Edition

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Publisher :
ISBN 13 : 9781839701368
Total Pages : 714 pages
Book Rating : 4.7/5 (13 download)

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Book Synopsis European Legal Methodology, 2nd Edition by : Karl Riesenhuber

Download or read book European Legal Methodology, 2nd Edition written by Karl Riesenhuber and published by . This book was released on 2021-09-02 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: "EU law is an autonomous legal system. It requires its own methodology. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed. The temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union on the other raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope ('gold-plating')? Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas. Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts."--Back cover.

The Oxford Handbook of European Legal History

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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.

The Transformation or Reconstitution of Europe

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509907262
Total Pages : 257 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Transformation or Reconstitution of Europe by : Tamara Perišin

Download or read book The Transformation or Reconstitution of Europe written by Tamara Perišin and published by Bloomsbury Publishing. This book was released on 2018-03-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.

Understanding EU Law

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Publisher : Intersentia nv
ISBN 13 : 9050953247
Total Pages : 414 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Understanding EU Law by : Norbert Reich

Download or read book Understanding EU Law written by Norbert Reich and published by Intersentia nv. This book was released on 2003 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.

Methodologies of Legal Research

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317804
Total Pages : 310 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Methodologies of Legal Research by : Mark Van Hoecke

Download or read book Methodologies of Legal Research written by Mark Van Hoecke and published by Bloomsbury Publishing. This book was released on 2011-02-28 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.

Council of Europe Law

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Publisher : Council of Europe
ISBN 13 : 9287155941
Total Pages : 248 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Council of Europe Law by : Florence Benoît-Rohmer

Download or read book Council of Europe Law written by Florence Benoît-Rohmer and published by Council of Europe. This book was released on 2005-01-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.

The Oxford Handbook of European Union Law

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Publisher : Oxford University Press
ISBN 13 : 0191653055
Total Pages : 950 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of European Union Law by : Anthony Arnull

Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Research Methodologies in EU and International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847316417
Total Pages : 152 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Research Methodologies in EU and International Law by : Tamara Hervey

Download or read book Research Methodologies in EU and International Law written by Tamara Hervey and published by Bloomsbury Publishing. This book was released on 2011-04-11 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.

Legal Method

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Publisher : Routledge
ISBN 13 : 1859414249
Total Pages : 357 pages
Book Rating : 4.8/5 (594 download)

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Book Synopsis Legal Method by : Sharon Hanson

Download or read book Legal Method written by Sharon Hanson and published by Routledge. This book was released on 1999 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The competent study of law is a balance of excellent language ability, good reading and writing skills, good personal study discipline, a thorough appreciation of the relevant areas of substantive law and excellenct argumentative skills. Legal method is an important area of study for two main reasons: firstly, for the range of techniques it can offer to break into both primary and secondary legal texts and, secondly, it exposes reasoning processes concerned with the theory and practise of law. The book deals in both the areas mentioned and aims to deal with issues of how to. Although the book acknowledges the complexities of legal rules and the construction of arguments, it attempts to show interrelationships and to allow the commencement of constructing arguments.

New Legal Approaches to Studying the Court of Justice

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Publisher : Oxford University Press, USA
ISBN 13 : 0198871473
Total Pages : 183 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis New Legal Approaches to Studying the Court of Justice by : Claire Kilpatrick

Download or read book New Legal Approaches to Studying the Court of Justice written by Claire Kilpatrick and published by Oxford University Press, USA. This book was released on 2021-01-16 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides tools and approaches to study the activities of the European Court of Justice. Using new primary sources and an interdisciplinary approach, this volume develops a more holistic methodology for studying law and courts, especially the Court of Justice.

European Legal Method in Denmark and Sweden -- Using Social Science Theory and Methodology to Describe the Implementation of EU Law

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis European Legal Method in Denmark and Sweden -- Using Social Science Theory and Methodology to Describe the Implementation of EU Law by : Eva Edwardsson

Download or read book European Legal Method in Denmark and Sweden -- Using Social Science Theory and Methodology to Describe the Implementation of EU Law written by Eva Edwardsson and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article presents data from a study in which national bureaucrats working in the fields of taxation and food law in Sweden and Denmark are asked which legal sources and methods of interpretation they use when implementing EU law. The purpose is to contribute to the discussion about European legal method by using social science methodology. National agencies and authorities in the fields of taxation and food law face a 'multilayered' or 'multiprincipal' reality in which there is room for policy choices. The answers given by the interviewees speak of a plurality of legal sources, a situation where bureaucrats are becoming reluctant lawmakers instructing others on how EU law is to be applied and where bureaucrats find it necessary to found their decisions on what colleagues within the authority or from other Member States have said about how EU law should be applied.

Reinforcing Rule of Law Oversight in the European Union

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Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.