Paradigms In Modern European Comparative Law

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Paradigms in Modern European Comparative Law

Author : Balázs Fekete
Publisher : Bloomsbury Publishing
ISBN 13 : 1509946942
Total Pages : 240 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Paradigms in Modern European Comparative Law by : Balázs Fekete

Download or read book Paradigms in Modern European Comparative Law written by Balázs Fekete and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.

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?'.

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.

Advanced Introduction to Comparative Legal Methods

Author : Monateri, Pier
Publisher : Edward Elgar Publishing
ISBN 13 : 1789906164
Total Pages : 181 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Advanced Introduction to Comparative Legal Methods by : Monateri, Pier

Download or read book Advanced Introduction to Comparative Legal Methods written by Monateri, Pier and published by Edward Elgar Publishing. This book was released on 2021-10-22 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law.

Comparative Legal Reasoning and European Law

Author : Markku Kiikeri
Publisher : Springer
ISBN 13 : 0792368843
Total Pages : 352 pages
Book Rating : 4.7/5 (923 download)

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Book Synopsis Comparative Legal Reasoning and European Law by : Markku Kiikeri

Download or read book Comparative Legal Reasoning and European Law written by Markku Kiikeri and published by Springer. This book was released on 2001-02-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined. The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.

The Structural Transformation of European Private Law

Author : Leone Niglia
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925260
Total Pages : 205 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Structural Transformation of European Private Law by : Leone Niglia

Download or read book The Structural Transformation of European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2023-06-15 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour the book critically explores a reconfiguration of Europe's constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing). This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled 'juridical comparative hermeneutics' within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.

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.

Comparative Executive Power in Europe

Author : Marcel Morabito
Publisher :
ISBN 13 : 9781032250984
Total Pages : 0 pages
Book Rating : 4.2/5 (59 download)

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Book Synopsis Comparative Executive Power in Europe by : Marcel Morabito

Download or read book Comparative Executive Power in Europe written by Marcel Morabito and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides an up-to-date interdisciplinary assessment of the accountability of the executive power in different European States and at the European Union level. From a legal perspective, it wonders to what extent the forms of responsibility and accountability of executive power have evolved in terms of legal technique or framework. From a historical perspective, it looks at the evolution of responsibility paradigms. From a political science perspective, it examines responsibility and the expectations of European democracies in terms of authority and efficiency. The volume also has a quantitative aspect identifying, gathering and analysing statistical material on responsibility and accountability in current political regimes. The book will be a valuable resource for researchers, academics and policy-makers in Constitutional Law and Politics, Public Law, Comparative Law, Comparative Politics, Legal History and Government"--

The Grand Strategy of Comparative Law

Author : Luca Siliquini-Cinelli
Publisher : Taylor & Francis
ISBN 13 : 1040008631
Total Pages : 330 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Grand Strategy of Comparative Law by : Luca Siliquini-Cinelli

Download or read book The Grand Strategy of Comparative Law written by Luca Siliquini-Cinelli and published by Taylor & Francis. This book was released on 2024-04-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri. Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice. Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.

Interdisciplinary Comparative Law

Author : Husa, Jaakko
Publisher : Edward Elgar Publishing
ISBN 13 : 1802209786
Total Pages : 256 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Interdisciplinary Comparative Law by : Husa, Jaakko

Download or read book Interdisciplinary Comparative Law written by Husa, Jaakko and published by Edward Elgar Publishing. This book was released on 2022-05-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful and timely book introduces an explanatory theory for surveying global and international politics. Describing the nature and effects of democracy beyond the state, Hans Agné explores peace and conflict, migration politics, resource distribution, regime effectiveness, foreign policy and posthuman politics through the lens of democratism to both supplement and challenge established research paradigms.

Comparative Legal Studies: Traditions and Transitions

Author : Pierre Legrand
Publisher : Cambridge University Press
ISBN 13 : 110732033X
Total Pages : 532 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Comparative Legal Studies: Traditions and Transitions by : Pierre Legrand

Download or read book Comparative Legal Studies: Traditions and Transitions written by Pierre Legrand and published by Cambridge University Press. This book was released on 2003-08-14 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.

The Harmonisation of European Private Law

Author : Mark Van Hoecke
Publisher : Hart Publishing
ISBN 13 : 9781841131375
Total Pages : 0 pages
Book Rating : 4.1/5 (313 download)

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Book Synopsis The Harmonisation of European Private Law by : Mark Van Hoecke

Download or read book The Harmonisation of European Private Law written by Mark Van Hoecke and published by Hart Publishing. This book was released on 2000-10-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume,which offers a bridge between comparative law and legal theory, centers upon debates about European legal integration, and, more generally, about the methodology of comparative law. What should be compared? Statutory rules, case law, legal history, law's political, sociological and economical environment, the ideological background of the lawyers, legal techniques, legal traditions, legal cultures, etc.? This question is at the core of many current debates and is discussed in many of the papers contained in this volume. The contributors all attempt to locate law in its context, and adopt a more theoretical and interdisciplinary approach to making comparisons. In taking an interdisciplinary approach many of the contributors look at our current law from the point of view of one non legal discipline, with an eye on at least some other elements of law's context: notably legal history, legal sociology (especially 'legal culture') and linguistics. They also contribute new ideas to various areas of legal theory including legal epistemology, pluralist or monist conceptions of a 'legal system', legal methodology, judicial reasoning, the theory of legal sources, and the analysis of concepts such as 'equality', 'rights', 'legal principles', 'personal rights' and 'personal identity'.

New Directions in Comparative Law

Author : Antonina Bakardjieva Engelbrekt
Publisher : Edward Elgar Publishing
ISBN 13 : 1849803218
Total Pages : 303 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis New Directions in Comparative Law by : Antonina Bakardjieva Engelbrekt

Download or read book New Directions in Comparative Law written by Antonina Bakardjieva Engelbrekt and published by Edward Elgar Publishing. This book was released on 2009 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state. The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law. It offers a plurality of perspectives on the theory and methods of comparative law as a legal discipline, but also on comparative law when concretely applied in projects of legal aid, harmonisation of law and legal reform. Offering a multi-disciplinary perspective, this book will appeal to researchers and policymakers in international organisations. It will also serve as a valuable resource for advanced level courses on comparative law, and on law reform and legal aid.

The Struggle for European Private Law

Author : Leone Niglia
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253106
Total Pages : 198 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Struggle for European Private Law by : Leone Niglia

Download or read book The Struggle for European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.

Nationalism and Private Law in Europe

Author : Guido Comparato
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253866
Total Pages : 334 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Nationalism and Private Law in Europe by : Guido Comparato

Download or read book Nationalism and Private Law in Europe written by Guido Comparato and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.

Epistemology and Methodology of Comparative Law

Author : Mark van Hoecke
Publisher :
ISBN 13 : 9781472559586
Total Pages : 398 pages
Book Rating : 4.5/5 (595 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 . This book was released on 2004 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.