Transfrontier Mobility Of Law

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Transfrontier Mobility of Law

Author : R. Jagtenberg
Publisher : Springer
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Transfrontier Mobility of Law by : R. Jagtenberg

Download or read book Transfrontier Mobility of Law written by R. Jagtenberg and published by Springer. This book was released on 1995-12-18 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of the papers presented on a study day `Transfrontier Mobility of Law' held in Erasmus University, Rotterdam, on 23 September 1994. It shows the range of interests that can fit under such an umbrella title. The postscript section of the volume gives an overview of the discussions that took place on that day. Transfrontier mobility of law is a most fruitful field in which researchers will reap great rewards. There is a need, however, for a new analytical framework. Many aspects of the new movements have different features from those of earlier migrations of legal institutions. The papers help the reader to see how the problems associated with the transfrontier mobility of law are universal, how very interesting such movements are and how there is indeed a universal need for a wider analytical framework to assess future developments.

The Enigma of Comparative Law

Author : Esin Örücü
Publisher : Springer
ISBN 13 : 9401755965
Total Pages : 243 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis The Enigma of Comparative Law by : Esin Örücü

Download or read book The Enigma of Comparative Law written by Esin Örücü and published by Springer. This book was released on 2013-12-14 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.

The Diffusion of Law

Author : Sue Farran
Publisher : Routledge
ISBN 13 : 1317035852
Total Pages : 232 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Diffusion of Law by : Sue Farran

Download or read book The Diffusion of Law written by Sue Farran and published by Routledge. This book was released on 2016-03-09 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form. This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method.

A Study of Mixed Legal Systems: Endangered, Entrenched or Blended

Author : Sue Farran
Publisher : Routledge
ISBN 13 : 1317186494
Total Pages : 271 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis A Study of Mixed Legal Systems: Endangered, Entrenched or Blended by : Sue Farran

Download or read book A Study of Mixed Legal Systems: Endangered, Entrenched or Blended written by Sue Farran and published by Routledge. This book was released on 2016-03-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ’entrenched’, ’endangered’, or ’blended’. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.

Epistemology and Methodology of Comparative Law

Author : Mark Van Hoecke
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311245
Total Pages : 408 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Epistemology and Methodology of Comparative Law by : Mark Van Hoecke

Download or read book Epistemology and Methodology of Comparative Law written by Mark Van Hoecke and published by Bloomsbury Publishing. This book was released on 2004-06-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.

Adapting Legal Cultures

Author : David Nelken
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312101
Total Pages : 294 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Adapting Legal Cultures by : David Nelken

Download or read book Adapting Legal Cultures written by David Nelken and published by Bloomsbury Publishing. This book was released on 2001-11-07 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting collection looks at the theory and practice of legal borrowing and adaptation in different areas of the world: Europe,the USA and Latin America, S.E. Asia and Japan. Many of the contributors focus on fundamental theoretical issues. What are legal transplants? What is the role of the state in producing socio-legal change? What are the conditions of successful legal transfers? How is globalisation changing these conditions? Such problems are also discussed with reference to substantive and specific case studies. When and why did Japanese rules of product liability come into line with those of the EU and the USA? How and why did judicial review come late to the legal systems of Holland and Scandinavia? Why is the present wave of USA-influenced legal reforms in Latin Amercia apparently having more success than the previous round? How does competition between the legal and accountancy professions affect patterns of bankruptcy? The chapters in this volume, which include a comprehensive theoretical introduction, offer a range of valuable insights even if they also show that the

Importing the Law in Post-Communist Transitions

Author : Catherine Dupré
Publisher : Hart Publishing
ISBN 13 : 1841131318
Total Pages : 239 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Importing the Law in Post-Communist Transitions by : Catherine Dupré

Download or read book Importing the Law in Post-Communist Transitions written by Catherine Dupré and published by Hart Publishing. This book was released on 2003-03-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe.

Comparative Law

Author : Mathias Siems
Publisher : Law in Context
ISBN 13 : 1107182417
Total Pages : 531 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Comparative Law by : Mathias Siems

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.

Roma Tre Law Review

Author :
Publisher : Roma TrE-Press
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4./5 ( download)

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Book Synopsis Roma Tre Law Review by :

Download or read book Roma Tre Law Review written by and published by Roma TrE-Press. This book was released on with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roma Tre Law Review (R3LR) is an open-source peer-reviewed e-journal which aims to offer a digital forum for scholarly debate on issues of comparative law, international law, law and economics, law and society, criminal law, legal history, and teaching methods in law.

Comparative Law

Author : Sean Patrick Donlan
Publisher : Routledge
ISBN 13 : 0429751419
Total Pages : 141 pages
Book Rating : 4.4/5 (297 download)

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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 141 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.

Open EDI and Law in Europe

Author : Andreas Mitrakas
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041104895
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Open EDI and Law in Europe by : Andreas Mitrakas

Download or read book Open EDI and Law in Europe written by Andreas Mitrakas and published by Kluwer Law International B.V.. This book was released on 1997-01-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electronic commerce applications all allow the transfer of electronic data from one point to another. Open EDI--a particular application of electronic commerce--also permits commercial transactions to take place in a fully automated and highly organised trading environment. This volume focuses on open EDI and its relationship with law. When confronted with technology, the typical reaction of the law is to support interpretations and amendments of existing statutes so that old laws can accommodate the change. Open EDI, however, does not fit within this traditional regulatory method. Open EDI permits ad hoc open electronic transactions irrespective of geographical border and jurisdictions among trading partners with no prior trade relationship. By doing so, open EDI limits the possibility of using up-front interchange agreements to address the legal problems of the interchange. It therefore requires the use of legal instruments supported by information technology to overcome legal problems. Openness in an electronic environment has the potential to initiate an unobserved change in law. Possible regulations should address users' need to act in such a trading environment without the inhibition of basic legal concerns. Open EDI and Law in Europe concludes that the challenge of open EDI necessitates working toward a new legal framework based on international law and supported by information technology. This volume will assist lawyers and laypersons concerned with the practical and theoretical aspects of the legal issues of the application of open EDI by pointing out subtle issues in the application of law in this area and by provoking thought regarding possible solutions.

Redressing Everyday Discrimination

Author : Karla Perez Portilla
Publisher : Routledge
ISBN 13 : 1317421434
Total Pages : 304 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Redressing Everyday Discrimination by : Karla Perez Portilla

Download or read book Redressing Everyday Discrimination written by Karla Perez Portilla and published by Routledge. This book was released on 2016-04-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the harm that everyday discrimination can cause and proposes ways in which it can be redressed. Extreme forms of harmful expression, such as incitement to hatred, have been significantly addressed in law. Everyday generalised prejudice, negative stereotypes and gross under-representation of disadvantaged groups in mainstream media are, however, widely perceived as ‘normal’, and their criticism is regularly trivialised. In response, this book draws on critical and feminist theory in order to forge a theoretical analysis of the harm created through everyday discrimination. Arguing that anti-discrimination law can and should be extended as a tool to offer protection against the harm inflicted, the book goes on to consider both its limits, and possibilities, for redressing this discriminatory practice.

The Role of the State in Investor-State Arbitration

Author : Shaheeza Lalani
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004282254
Total Pages : 506 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Role of the State in Investor-State Arbitration by : Shaheeza Lalani

Download or read book The Role of the State in Investor-State Arbitration written by Shaheeza Lalani and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

Stateless Law

Author : Helge Dedek
Publisher : Routledge
ISBN 13 : 1317050193
Total Pages : 432 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Stateless Law by : Helge Dedek

Download or read book Stateless Law written by Helge Dedek and published by Routledge. This book was released on 2016-03-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

Civil Procedure and EU Law

Author : Eva Storskrubb
Publisher : OUP Oxford
ISBN 13 : 0191559814
Total Pages : 556 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Civil Procedure and EU Law by : Eva Storskrubb

Download or read book Civil Procedure and EU Law written by Eva Storskrubb and published by OUP Oxford. This book was released on 2008-03-27 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border service of documents, obtaining evidence, establishing jurisdiction and enforcement of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been enacted including the creation of a judicial network and judicial training structures. This book offers the first detailed analysis of the EU's activity in procedural harmonization, spanning civil procedure, private international law and European law. The book situates the development of the policy area and its regulation in relation to broader themes of the European integration process: market building, citizenship, fundamental rights, subsidiarity and governance. It provides a detailed analysis of the legislative measures and assesses their impact on fundamental principles of civil justice, including due process rights. The case-law in the area is also analysed, including the introduction of the principle of mutual recognition. The book concludes with a comparative analysis of the EU's approach with broader international efforts for procedural harmonization.

Yearbook Law & Legal Practice in East Asia, Volume 3 (1997-1998)

Author : Annie J De Roo
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004635734
Total Pages : 229 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Yearbook Law & Legal Practice in East Asia, Volume 3 (1997-1998) by : Annie J De Roo

Download or read book Yearbook Law & Legal Practice in East Asia, Volume 3 (1997-1998) written by Annie J De Roo and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third volume in the series Yearbook Law & Legal Practice in East Asia, which addresses the legal systems of this important region and provides an insight into some of the most topical issues in East Asian law and practice. The overall focus of the series is on the legal aspects of doing business in East Asia, although legal issues of a more general nature may also be included where these are relevant for a better understanding of the particular legal culture concerned. The majority of the contributions to this major work comes from legal practitioners and scholars specialising in East Asian business law.

Epistemology and Method in Law

Author : Geoffrey Samuel
Publisher : Routledge
ISBN 13 : 1351939343
Total Pages : 263 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Epistemology and Method in Law by : Geoffrey Samuel

Download or read book Epistemology and Method in Law written by Geoffrey Samuel and published by Routledge. This book was released on 2016-12-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.