Comparative Law In Eastern And Central Europe

Author : Aleksander W. Bauknecht,Branisław Sitek,Jakub J. Szczerbowski
Publisher : Cambridge Scholars Publishing
Page : 404 pages
File Size : 51,7 Mb
Release : 2014-07-24
Category : Law
ISBN : 9781443864664

Get Book

Comparative Law in Eastern and Central Europe by Aleksander W. Bauknecht,Branisław Sitek,Jakub J. Szczerbowski Pdf

Comparative law is a research methodology which has been increasingly fashionable in recent decades, as comparisons between common law and civil law have dominated the law studies landscape. There are many methods of comparative law in use, including comparison of legal rules, comparison of cases, and comparison of legal theories. Each of these methods has strong proponents and opponents. Dogmatic comparisons of rules are criticized for not giving the whole picture of law in action, but praised for being the first and the only truly legal step in comparative research. Case-based comparisons are praised for enabling us to compare the true understanding of rules by courts, yet the critics of this method point out that only the higher courts’ decisions are subject to comparison, and most cases do not reach this stage. Finally, comparisons of legal theories are praised for enabling us to know the spirit of the laws, yet opponents would argue that many countries sharing the same theory would draw opposite conclusions from it. This book is a result of the attempted (and successful) introduction of comparative law into the region of Eastern and Central Europe. The subject has induced interest beyond expectations. This volume opens with a chapter on the unification of law, both from the perspective of institutional unification by such supra-state organizations, spontaneous and institutionalized unifications between two or more legal systems, and the methods of choosing the right rules in the unification process. Chapters two and three follow the classical division of private and public law, as proposed by the brilliant Roman lawyer Ulpian. Overall, the chapters in this book offer an interesting and engaging commentary on the current topics discussed by academics in Eastern and Central Europe.

Author : Cosmin Cercel,Alexandra Mercescu,Mirosław Michał Sadowski
Publisher : Taylor & Francis
Page : 375 pages
File Size : 51,8 Mb
Release : 2023-12-01
Category : Law
ISBN : 9781003812951

Get Book

Law, Culture and Identity in Central and Eastern Europe by Cosmin Cercel,Alexandra Mercescu,Mirosław Michał Sadowski Pdf

Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.

Author : William Elliott Butler,Oleksiy V. Kresin
Publisher : Talbot Publishing
Page : 562 pages
File Size : 51,9 Mb
Release : 2021
Category : Comparative law
ISBN : 1616196556

Get Book

Discovering the Unexpected by William Elliott Butler,Oleksiy V. Kresin Pdf

"An anthology of articles concerning Eastern and Central European law first published in The Journal of Comparative Law, Volume 16, Issue 1"--

Author : Zdenek Kühn
Publisher : BRILL
Page : 336 pages
File Size : 41,6 Mb
Release : 2011-10-28
Category : Law
ISBN : 9789047429005

Get Book

The Judiciary in Central and Eastern Europe by Zdenek Kühn Pdf

The book analyses the judicial culture in East Central Europe from the era of Stalinism up to the post-Communist period of the 1990s and 2000s. The book targets the judicial ideology and the conception of law, phenomena most resistant to change.

Author : Ieva Deviatnikovaitė
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2024
Category : Administrative law
ISBN : 1003458130

Get Book

Comparative Administrative Law by Ieva Deviatnikovaitė Pdf

"This book presents the origins, doctrine, institutions and challenges confronting modern administrative law in Central and Eastern European countries. Administrative law was first defined by a Polish lawyer in the 19th Century but for historical reasons, there has been little scholarship on the subject in relation to countries in the region in recent times. This book fills this gap in the literature. It examines the roots and structure of administrative law in the Czech Republic, Hungary, Latvia, Lithuania, Poland, the Slovak Republic, and Ukraine. Each chapter examines the key concepts including: historical background, the system of administrative law, the civil service, the spectrum of administrative activity, judicial review and other types of control over public administration, and administrative liability. The impact of European Union law on the legal order of the countries is also reviewed. The book will be of interest to students, academics and researchers working in the areas of Administrative Law, Public Law, Comparative Law and Legal History"--

Author : K. Zweigert,Ulrich Drobnig
Publisher : Martinus Nijhoff Publishers
Page : 114 pages
File Size : 48,8 Mb
Release : 1982-07-01
Category : Law
ISBN : 9024730120

Get Book

International Encyclopaedia of Comparative Law by K. Zweigert,Ulrich Drobnig Pdf

No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America

Author : Wojciech Sadurski
Publisher : Routledge
Page : 378 pages
File Size : 40,8 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781317168997

Get Book

Central and Eastern Europe After Transition by Wojciech Sadurski Pdf

How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.

Author : Gianmaria Ajani,Richard M. Buxbaum,René David,International Association of Legal Science
Publisher : Unknown
Page : 32 pages
File Size : 40,7 Mb
Release : 2006
Category : Electronic
ISBN : OCLC:254852528

Get Book

International Encyclopedia of Comparative Law by Gianmaria Ajani,Richard M. Buxbaum,René David,International Association of Legal Science Pdf

Author : Nina-Louisa Arold
Publisher : BRILL
Page : 224 pages
File Size : 40,9 Mb
Release : 2007-09-21
Category : Law
ISBN : 9789047421931

Get Book

The Legal Culture of the European Court of Human Rights by Nina-Louisa Arold Pdf

Without understanding the legal culture of the judges a full understanding of Strasbourg’s rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.

Author : Gian Antonio Benacchio,Barbara Pasa
Publisher : Central European University Press
Page : 324 pages
File Size : 54,5 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789637326349

Get Book

A Common Law for Europe by Gian Antonio Benacchio,Barbara Pasa Pdf

The first of a series on European Union Law, it provides a detailed overview of the development of a new European Common Law. The authors deal with the transposition of concepts and the problem of translation. Each chapter is accompanied by a bibliography in Italian as well as in English, French and German suggesting further reading in each area.

Author : Rafał Mańko,Adam Sulikowski,Przemysław Tacik,Cosmin Cercel
Publisher : Taylor & Francis
Page : 276 pages
File Size : 42,5 Mb
Release : 2023-12-05
Category : Law
ISBN : 9781003818861

Get Book

Law, Populism, and the Political in Central and Eastern Europe by Rafał Mańko,Adam Sulikowski,Przemysław Tacik,Cosmin Cercel Pdf

This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.

Author : Mathias Reimann,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 1536 pages
File Size : 45,8 Mb
Release : 2019-03-26
Category : Law
ISBN : 9780192565518

Get Book

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.

Author : Rejn Avovič Müllerson,Malgosia Fitzmaurice,Mads Tønnesson Andenæs
Publisher : Martinus Nijhoff Publishers
Page : 376 pages
File Size : 51,6 Mb
Release : 1998
Category : Law
ISBN : 9041105263

Get Book

Constitutional Reforms and International Law in Central and Eastern Europe by Rejn Avovič Müllerson,Malgosia Fitzmaurice,Mads Tønnesson Andenæs Pdf

The recent developments in central and eastern Europe have changed the political landscape of the world. The dissolution of the Soviet Union, Czechoslovakia and Yugoslavia, the collapse of Communism in Europe, market reforms, and the processes of democratisation are all seminal events affecting not only the countries in transition but other states as well. All these changes presuppose fundamental legal reforms. In this process most of the countries in transition have adopted new constitutions where issues of participation in the international political order and questions of international law enjoy a prominent place. This book is one outcome of many research activities concerning these transitions in central and eastern Europe at the Centre of European Law, King's College London. It contains essays about constitutional reforms and international law by leading international judges and academics. It is edited by Mads Andenas, Director of the Centre of European Law at King's College London, Malgosia Fitzmaurice, Reader in International Law at Queen Mary and Westfield College, London, and Rein Müllerson, Professor in International Law at King's College.

Author : Uwe Kischel
Publisher : Oxford University Press
Page : 976 pages
File Size : 49,8 Mb
Release : 2019-02-21
Category : Law
ISBN : 9780192508874

Get Book

Comparative Law by Uwe Kischel Pdf

Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.

Author : Denis J. Galligan,Daniel M. Smilov
Publisher : Central European University Press
Page : 449 pages
File Size : 42,5 Mb
Release : 1998-10-01
Category : Law
ISBN : 9789633865552

Get Book

Administrative Law in Central and Eastern Europe by Denis J. Galligan,Daniel M. Smilov Pdf

Following the constitutional and political reforms in Central and Eastern Europe of the last decade, the time has now come for the whole-scale reform of public administration and the creation of a professional civil service. What is needed is a clear sense of the objectives to be achieved by the administration; and the provision of adequate resources to perform the tasks of public administration. In addition, and perhaps most importantly of all, there must be a sound legal basis for public administration. Recognizing these realities, this book examines administrative law and administrative institutions in Central and Eastern Europe. In a series of case studies, discussing each country in the region in turn, it looks at the ways in which a range of administrative decisions are reached and at how the citizens affected by them are treated. The material for each of the fourteen chapters was collected by a person or persons native to the respective country.