A Study Of Mixed Legal Systems Endangered Entrenched Or Blended

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

Sue Farran,Esin Örücü
A Study of Mixed Legal Systems Endangered Entrenched or Blended Book PDF

Author : Sue Farran,Esin Örücü
Publisher : Routledge
Page : 294 pages
File Size : 47,6 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317186489

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A Study of Mixed Legal Systems: Endangered, Entrenched or Blended by Sue Farran,Esin Örücü Pdf

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.

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

Sue Farran,Esin Örücü
A Study of Mixed Legal Systems Endangered Entrenched or Blended Book PDF

Author : Sue Farran,Esin Örücü
Publisher : Routledge
Page : 270 pages
File Size : 49,6 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317186496

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A Study of Mixed Legal Systems: Endangered, Entrenched or Blended by Sue Farran,Esin Örücü Pdf

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.

Mixed Legal Systems, East and West

Vernon Valentine Palmer,Mohamed Y. Mattar
Mixed Legal Systems East and West Book PDF

Author : Vernon Valentine Palmer,Mohamed Y. Mattar
Publisher : Routledge
Page : 320 pages
File Size : 40,5 Mb
Release : 2016-07-22
Category : Law
ISBN : 9781317095385

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Mixed Legal Systems, East and West by Vernon Valentine Palmer,Mohamed Y. Mattar Pdf

Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Studies in Legal Systems:Mixed and Mixing

Esin Orucu,Elspeth Attwooll,Sean Coyle
Studies in Legal Systems Mixed and Mixing Book PDF

Author : Esin Orucu,Elspeth Attwooll,Sean Coyle
Publisher : Springer
Page : 390 pages
File Size : 48,9 Mb
Release : 1996-02-13
Category : Business & Economics
ISBN : STANFORD:36105061745134

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Studies in Legal Systems:Mixed and Mixing by Esin Orucu,Elspeth Attwooll,Sean Coyle Pdf

All legal systems are mixed: some more than others. There are covert mixtures and overt mixtures; stable mixtures and mixtures in transition. This book brings together a wide range of legal orders, some well known, some not so often studied. The analysis offered is far beyond a descriptive one, the general aim being to provide a basis for discussion by covering paths, methods and specific techniques, consequences and implications of legal migration. The newly emerging democracies of Eastern Europe, for example, are looking at the pool of models when re-designing their systems. Such systems in transition open up a whole new world of possibilities for research. The two final chapters on spectral jurisprudence and the conceptual search bring into focus and widen the analysis further.

The Oxford Handbook of Comparative Law

Mathias Reimann,Reinhard Zimmermann
The Oxford Handbook of Comparative Law Book PDF

Author : Mathias Reimann,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 1536 pages
File Size : 51,8 Mb
Release : 2019-03-26
Category : Law
ISBN : 9780192565525

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The Oxford Handbook of Comparative Law by Mathias Reimann,Reinhard Zimmermann Pdf

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Comparative Law in Practice

Duncan Fairgrieve
Comparative Law in Practice Book PDF

Author : Duncan Fairgrieve
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 40,6 Mb
Release : 2016-10-20
Category : Law
ISBN : 9781782257233

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Comparative Law in Practice by Duncan Fairgrieve Pdf

This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc). The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), the structure and approach of precontractual liability, the role of good faith in a mixed system, the architecture of remedies, and more.

Small States in a Legal World

Petra Butler,Caroline Morris
Small States in a Legal World Book PDF

Author : Petra Butler,Caroline Morris
Publisher : Springer
Page : 264 pages
File Size : 54,9 Mb
Release : 2017-04-29
Category : Law
ISBN : 9783319393667

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Small States in a Legal World by Petra Butler,Caroline Morris Pdf

This book is a unique collection of high quality articles analysing legal issues with particular regard to small states. The small states of the world differ considerably in their geography, history, political structures, legal systems and wealth. Nevertheless, because of their size, small states face a set of common challenges including vulnerability to external economic impacts such as changing trade regimes and limited ability to diversify economic activity; limited public and private sector capacity, including the legal and judicial infrastructure; a need for regional co-operation; a vulnerability to environmental changes as well as a limited ability to engage with supranational bodies and the forces of globalisation. This is the first volume of an exciting and unique new series, The World of Small States. In this work, legal experts from small jurisdictions and those with a particular interest in legal issues facing small states explore inter alia ethics in small jurisdictions, legal education and the profession in small states, the challenges facing small states with mixed legal systems, the constitutional arrangements in small states, small states as tax havens, and intellectual property and competition law issues.

The Cambridge Handbook of Comparative Law

Mathias Siems,Po Jen Yap
The Cambridge Handbook of Comparative Law Book PDF

Author : Mathias Siems,Po Jen Yap
Publisher : Cambridge University Press
Page : 1362 pages
File Size : 51,6 Mb
Release : 2024-01-31
Category : Law
ISBN : 9781108906876

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The Cambridge Handbook of Comparative Law by Mathias Siems,Po Jen Yap Pdf

Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).

Comparative Law

Sean Patrick Donlan,Jane Mair
Comparative Law Book PDF

Author : Sean Patrick Donlan,Jane Mair
Publisher : Routledge
Page : 135 pages
File Size : 46,6 Mb
Release : 2019-12-06
Category : Law
ISBN : 9780429751417

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Comparative Law by Sean Patrick Donlan,Jane Mair Pdf

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.

Mixed Legal Systems at New Frontiers

E. Örücü
Mixed Legal Systems at New Frontiers Book PDF

Author : E. Örücü
Publisher : Unknown
Page : 352 pages
File Size : 40,9 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134513360

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Mixed Legal Systems at New Frontiers by E. Örücü Pdf

This book aims to provide original views on and insight into mixed legal systems in general, and some mixed legal systems and ongoing mixes in particular. The hope is that the analyses to be found in the eleven contributions will be helpful for all who have a general interest in comparative law and a special interest in mixed legal systems.

A Cosmopolitan Jurisprudence

Helge Dedek
A Cosmopolitan Jurisprudence Book PDF

Author : Helge Dedek
Publisher : Cambridge University Press
Page : 325 pages
File Size : 54,7 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108841726

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A Cosmopolitan Jurisprudence by Helge Dedek Pdf

Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

The Diffusion of Law

Sue Farran,James Gallen,Christa Rautenbach
The Diffusion of Law Book PDF

Author : Sue Farran,James Gallen,Christa Rautenbach
Publisher : Routledge
Page : 256 pages
File Size : 52,7 Mb
Release : 2016-03-09
Category : Law
ISBN : 9781317035862

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The Diffusion of Law by Sue Farran,James Gallen,Christa Rautenbach Pdf

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.

Comparative Legal History

Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer
Comparative Legal History Book PDF

Author : Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 48,9 Mb
Release : 2024-06-30
Category : Law
ISBN : 9781781955222

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Comparative Legal History by Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer Pdf

The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.

Religion and Law in Cyprus

Achilles C. Emilianides
Religion and Law in Cyprus Book PDF

Author : Achilles C. Emilianides
Publisher : Kluwer Law International B.V.
Page : 382 pages
File Size : 50,8 Mb
Release : 2024-04-17
Category : Religion
ISBN : 9789403517681

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Religion and Law in Cyprus by Achilles C. Emilianides Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Cyprus deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Cyprus. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Constitutional Law in Cyprus

Achilles C. Emilianides
Constitutional Law in Cyprus Book PDF

Author : Achilles C. Emilianides
Publisher : Kluwer Law International B.V.
Page : 360 pages
File Size : 45,8 Mb
Release : 2024-04-17
Category : Law
ISBN : 9789403511085

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Constitutional Law in Cyprus by Achilles C. Emilianides Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Cyprus provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Cyprus will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.