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Author : Mathias Siems
Publisher : Law in Context
Page : 531 pages
File Size : 50,9 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781107182417
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Author : Werner F. Menski
Publisher : Cambridge University Press
Page : 565 pages
File Size : 46,9 Mb
Release : 2006-03-30
Category : Law
ISBN : 9781139452717
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Author : René David,John E. C. Brierley
Publisher : Simon and Schuster
Page : 612 pages
File Size : 50,8 Mb
Release : 1978
Category : Comparative law
ISBN : 9780029076101
A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.
Author : Vernon Valentine Palmer,Mohamed Y. Mattar
Publisher : Routledge
Page : 320 pages
File Size : 50,8 Mb
Release : 2016-07-22
Category : Law
ISBN : 9781317095385
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.
Author : Sue Farran,Esin Örücü
Publisher : Routledge
Page : 294 pages
File Size : 43,8 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317186489
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.
Author : George Mousourakis
Publisher : Springer Nature
Page : 323 pages
File Size : 55,7 Mb
Release : 2019-11-01
Category : Law
ISBN : 9783030282813
The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.
Author : Reinhard Zimmermann,D. P. Visser,Kenneth G. C. Reid
Publisher : Juta and Company Ltd
Page : 958 pages
File Size : 41,5 Mb
Release : 2004
Category : Law
ISBN : 0702167266
This volume sets out to compare the effects of this historical development by assessing whether shared experience has led to shared law.
Author : Vincenzo Zeno-Zencovich
Publisher : Roma TrE-Press
Page : 121 pages
File Size : 49,7 Mb
Release : 2017-07-01
Category : Law
ISBN : 9788894885255
In questa breve presentazione i sistemi giuridici occidentali sono analizzati in una prospettiva integrata, come sistemi complessi di cui ogni componente è in costante rapporto con (ed influenzata da) le altre parti. Nel contempo i sistemi giuridici sono collocati in un contesto globale con il quale sono in costante osmosi. Il lavoro propone il superamento della tradizionale partizione fra sistemi di civil law e sistemi di common law e la suddivisione in "famiglie giuridiche". Il volume è destinato a corsi introduttivi al Diritto Comparato e ai Sistemi Giuridici Comparati ed è articolato in nove capitoli: 1. Sistemi democratici. 2. Valori. 3. Struttura del governo. 4. La dimensione economica. 5. Lo "stato sociale". 6. La repressione dei reati. 7. Giudici e giurisdizione. 8. Modelli per un mondo globalizzato. 9. Conclusioni: Cimiteri e nuovi percorsi.
Author : Konrad Zweigert,Hein Kötz
Publisher : Oxford University Press, USA
Page : 806 pages
File Size : 44,5 Mb
Release : 1992
Category : Civil law
ISBN : UCAL:B4325966
This book first discusses the nature of Comparative Law, its functions, aims, methods and history, then surveys the main features of the major legal families of the world. Extremely well written, this text outlines all the major legal systems of the world and details individual areas of law within these systems. Its prior edition has been highly regarded world-wide since its publication and was translated into many languages including Italian, Japanese and Russian. This third edition has been updated and contains useful new material including a chapter on Japanese Law. It has been skillfully translated from the German by Tony Weir. A key resource, this text provides the framework for a study of comparative law.
Author : Sean Patrick Donlan,Jane Mair
Publisher : Routledge
Page : 135 pages
File Size : 55,8 Mb
Release : 2019-12-06
Category : Law
ISBN : 9780429751417
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.
Author : Mary Ann Glendon,Michael W. Gordon,Paolo G. Carozza,Paolo Wright-Carozza
Publisher : West Academic Publishing
Page : 380 pages
File Size : 52,6 Mb
Release : 1999
Category : Comparative law
ISBN : STANFORD:36105061977216
An introduction to comparative law written from the American lawyer's viewpoint rather than that of the European civil law lawyer. This expert discussion concentrates on the three major legal traditions of the West: civil, common, and socialist. Subjects covered include legal structures in civil law nations; legal actors in civil law tradition; procedure; substantive law; sources of law; judicial process; and rules. Also contains chapters on the European Union and the European human rights system.
Author : Catherine Valcke
Publisher : Cambridge University Press
Page : 245 pages
File Size : 48,6 Mb
Release : 2018-10-25
Category : Law
ISBN : 9781108470063
Reconstructs existing comparative law scholarship into a coherent analytic framework so as to both fend off current charges of theoretical arbitrariness and guide future work.
Author : E. Örücü
Publisher : Unknown
Page : 352 pages
File Size : 54,9 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134513360
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.
Author : John Henry Merryman,David Scott Clark
Publisher : Bobbs-Merrill Company
Page : 1334 pages
File Size : 52,6 Mb
Release : 1978
Category : Comparative law
ISBN : STANFORD:36105061256868
Author : Günter Frankenberg
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 44,5 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781785363948
Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.
