Comparative Law In The Courtroom And Classroom

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Comparative Law in the Courtroom and Classroom

B. S. Markesinis
Comparative Law in the Courtroom and Classroom Book PDF

Author : B. S. Markesinis
Publisher : Unknown
Page : 306 pages
File Size : 50,9 Mb
Release : 2003
Category : Comparative law
ISBN : 1472559371

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Comparative Law in the Courtroom and Classroom by B. S. Markesinis Pdf

This book presents an original, deliberately controversial and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century: its weaknesses, its strengths, and its protagonists (most of whom were personally known to the author) during the preceding thirty-five years. It is also a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticise the impact the long association with Roman law has had on the orientation and well being of his subject. With equal force, he also warns against some modern trends linking it with variations of the critical legal studies movement, and urges the study of foreign law in a way that can make it more attractive to practitioners and more usable by judges. At the end of the day, this monograph represents a passionate call for greater intellectual co-operation and offers one way of achieving it. A co-operation between practitioners and academics on the one hand and between Common and (modern) Civilian lawyers on the other, in an attempt to save the subject from the marginalisation it suffered in the 1980s and from which the globalisation movement of the 21st century may be about to deliver it

Comparative Law in the Courtroom and Classroom

Basil S Markesinis
Comparative Law in the Courtroom and Classroom Book PDF

Author : Basil S Markesinis
Publisher : Bloomsbury Publishing
Page : 306 pages
File Size : 55,9 Mb
Release : 2003-03-20
Category : Law
ISBN : 9781847312020

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Comparative Law in the Courtroom and Classroom by Basil S Markesinis Pdf

This book presents an original, deliberately controversial and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century: its weaknesses, its strengths, and its protagonists (most of whom were personally known to the author) during the preceding thirty-five years. It is also a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticise the impact the long association with Roman law has had on the orientation and well being of his subject. With equal force, he also warns against some modern trends linking it with variations of the critical legal studies movement, and urges the study of foreign law in a way that can make it more attractive to practitioners and more usable by judges. At the end of the day, this monograph represents a passionate call for greater intellectual co-operation and offers one way of achieving it. A co-operation between practitioners and academics on the one hand and between Common and (modern) Civilian lawyers on the other, in an attempt to save the subject from the marginalisation it suffered in the 1980s and from which the globalisation movement of the 21st century may be about to deliver it.

Courts and Comparative Law

Mads Andenas,Duncan Fairgrieve
Courts and Comparative Law Book PDF

Author : Mads Andenas,Duncan Fairgrieve
Publisher : OUP Oxford
Page : 730 pages
File Size : 49,9 Mb
Release : 2015-07-30
Category : Law
ISBN : 9780191059049

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Courts and Comparative Law by Mads Andenas,Duncan Fairgrieve Pdf

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Comparative Law

Esin Örücü,David Nelken
Comparative Law Book PDF

Author : Esin Örücü,David Nelken
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 41,9 Mb
Release : 2007-10-12
Category : Law
ISBN : 9781847316981

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Comparative Law by Esin Örücü,David Nelken Pdf

This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.

Comparative Law and Multicultural Legal Classes: Challenge or Opportunity?

Csaba Varga
Comparative Law and Multicultural Legal Classes Challenge or Opportunity Book PDF

Author : Csaba Varga
Publisher : Springer Nature
Page : 218 pages
File Size : 49,8 Mb
Release : 2020-07-30
Category : Law
ISBN : 9783030468989

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Comparative Law and Multicultural Legal Classes: Challenge or Opportunity? by Csaba Varga Pdf

This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.

Methods of Comparative Law

P. G. Monateri
Methods of Comparative Law Book PDF

Author : P. G. Monateri
Publisher : Edward Elgar Publishing
Page : 339 pages
File Size : 45,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781005118

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Methods of Comparative Law by P. G. Monateri Pdf

Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.

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 : 43,6 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.

Elgar Encyclopedia of Comparative Law, Second Edition

J. M. Smits
Elgar Encyclopedia of Comparative Law Second Edition Book PDF

Author : J. M. Smits
Publisher : Edward Elgar Publishing
Page : 1025 pages
File Size : 54,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781006108

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Elgar Encyclopedia of Comparative Law, Second Edition by J. M. Smits Pdf

Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

Comparative Law

Mathias Siems
Comparative Law Book PDF

Author : Mathias Siems
Publisher : Cambridge University Press
Page : 591 pages
File Size : 45,8 Mb
Release : 2022-03-24
Category : Law
ISBN : 9781108840859

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Comparative Law by Mathias Siems Pdf

Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.

Practice and Theory in Comparative Law

Maurice Adams,Jacco Bomhoff
Practice and Theory in Comparative Law Book PDF

Author : Maurice Adams,Jacco Bomhoff
Publisher : Cambridge University Press
Page : 353 pages
File Size : 52,8 Mb
Release : 2012-07-05
Category : Law
ISBN : 9781107010857

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Practice and Theory in Comparative Law by Maurice Adams,Jacco Bomhoff Pdf

A collection of essays exploring the gap between theory and practice in comparative legal studies.

Comparative Reasoning in European Supreme Courts

Michal Bobek
Comparative Reasoning in European Supreme Courts Book PDF

Author : Michal Bobek
Publisher : Oxford University Press
Page : 321 pages
File Size : 54,6 Mb
Release : 2013-08-08
Category : Law
ISBN : 9780199680382

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Comparative Reasoning in European Supreme Courts by Michal Bobek Pdf

"An earlier version of the book was defended as a doctoral dissertation in March 2011 at the European University Institute."

The Application of Foreign Law in the British and German Courts

Alexander DJ Critchley
The Application of Foreign Law in the British and German Courts Book PDF

Author : Alexander DJ Critchley
Publisher : Bloomsbury Publishing
Page : 281 pages
File Size : 51,9 Mb
Release : 2022-12-15
Category : Law
ISBN : 9781509959600

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The Application of Foreign Law in the British and German Courts by Alexander DJ Critchley Pdf

This book explores the application of foreign law in civil proceedings in the British and German courts. It focuses on how domestic procedural law impacts on the application of choice of law rules in domestic courts. It engages with questions involved in the investigation and determination of foreign law as they affect the law of England and Wales, Scotland, and Germany. Although the relevant jurisdictions are the focus, the comparative analysis extends to explore examples from other jurisdictions, including relevant international and European conventions. Ambitious in scope, it expertly tracks the development of the law and looks at possible future reforms.

The Common Law of Obligations

Andrew Robertson,Michael Tilbury
The Common Law of Obligations Book PDF

Author : Andrew Robertson,Michael Tilbury
Publisher : Bloomsbury Publishing
Page : 376 pages
File Size : 52,6 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781782256571

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The Common Law of Obligations by Andrew Robertson,Michael Tilbury Pdf

The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A second collection, entitled Divergences in Private Law (ISBN: 9781782256601), will focus on particular departures from the common law mainstream and the causes and effects of those deviations.

From House of Lords to Supreme Court

James Lee
From House of Lords to Supreme Court Book PDF

Author : James Lee
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 45,7 Mb
Release : 2011-01-06
Category : Law
ISBN : 9781847316165

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From House of Lords to Supreme Court by James Lee Pdf

2009 saw the centenary of the Society of Legal Scholars and the transition from the House of Lords to the new Supreme Court. The papers presented in this volume arise from a seminar organised jointly by the Society of Legal Scholars and the University of Birmingham to celebrate and consider these historic events. The papers examine judicial reasoning and the interaction between judges, academics and the professions in their shared task of interpretative development of the law. The volume gathers leading authorities on the House of Lords in its judicial capacity together with academics whose specialisms lie in particular fields of law, including tort, human rights, restitution, European law and private international law. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and with reference to different jurisdictions. The aim of the volume is to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court.

Judicial Cosmopolitanism

Giuseppe Franco Ferrari
Judicial Cosmopolitanism Book PDF

Author : Giuseppe Franco Ferrari
Publisher : BRILL
Page : 915 pages
File Size : 53,9 Mb
Release : 2019-09-24
Category : Law
ISBN : 9789004297593

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Judicial Cosmopolitanism by Giuseppe Franco Ferrari Pdf

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.