Comparative Legal Studies And Internationalization Of Law

Author : Christophe Jamin,William van Caenegem
Publisher : Springer
Page : 346 pages
File Size : 49,7 Mb
Release : 2016-04-30
Category : Law
ISBN : 9783319291253

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The Internationalisation of Legal Education by Christophe Jamin,William van Caenegem Pdf

This volume provides an overview of the state of internationalisation of legal education (IOLE) in many civil law and common law countries. It provides a picture of the status of the debate about the shape and degree of internationalisation in the curriculum in the different countries, and the debates surrounding the adoption of a more international approach to legal education in the contemporary world. It is a compilation of the National Reports submitted for the August 2014 Congress of the IACL held at Vienna, and contains an introductory general report. Together, the reports examine such questions as: Why is the topic of internationalization of legal education on the agenda now? Why is it a relevant subject for examination today? Does the topic generate the same level of interest everywhere in the world? Is enthusiasm for IOLE mainly driven by the academic sector, by government, by multinational corporations? Is the interest closely linked with the globalization of the practice of law? Or is globalisation of law itself something of a myth, or a reality reserved for only a very small percentage of practising lawyers around the world? The general and national reports make clear that there is indeed widespread interest in IOLE, and numerous disparate initiatives around the world. Nonetheless, some National Reporters state that the topic is simply not on the agenda at all. All in all, the volume shows that the approaches to internationalisation are many and varied, but every jurisdiction recognises the importance of introducing aspiring lawyers to a more integrated global environment.

Author : Mireille Delmas-Marty
Publisher : Collège de France
Page : 17 pages
File Size : 44,9 Mb
Release : 2015-02-12
Category : Law
ISBN : 9782722602793

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Comparative Legal Studies and Internationalization of Law by Mireille Delmas-Marty Pdf

By combining a method – comparative studies – with an ongoing process – the internationalization of law, that is, its extension beyond national borders – this Chair looks to the future, as uncertain as it may be. Of course current events tragically highlight the absence of a real legal world order. The collective security system of the Charter of the United Nations has shown its weaknesses and law has been unable to disarm force. Conversely, however, force cannot prevent this unprecedented extension of law, to the extent that no State can lastingly override it. In spite of appearances, it is no longer possible today to ignore the superposition of regional, national and global standards, nor the over-abundance of both national and international institutions and judges, with expanded jurisdiction. The new realities are causing law to evolve into complex and highly unstable interactive systems that are perhaps more symptomatic of profound change than of the defeat of law: we are faced with a change in the very conception of the legal order.

Author : Jan Klabbers,Mortimer Sellers
Publisher : Springer Science & Business Media
Page : 229 pages
File Size : 54,6 Mb
Release : 2009-01-29
Category : Law
ISBN : 9781402094941

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The Internationalization of Law and Legal Education by Jan Klabbers,Mortimer Sellers Pdf

The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.

Author : George Mousourakis
Publisher : Springer Nature
Page : 323 pages
File Size : 54,7 Mb
Release : 2019-11-01
Category : Law
ISBN : 9783030282813

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Comparative Law and Legal Traditions by George Mousourakis Pdf

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 : Marcelo Dias Varella
Publisher : Springer
Page : 354 pages
File Size : 55,6 Mb
Release : 2014-06-17
Category : Law
ISBN : 9783642541636

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Internationalization of Law by Marcelo Dias Varella Pdf

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

Author : Pierre Larouche,Péter Cserne
Publisher : Springer Science & Business Media
Page : 386 pages
File Size : 51,9 Mb
Release : 2012-11-27
Category : Law
ISBN : 9789067048859

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National Legal Systems and Globalization by Pierre Larouche,Péter Cserne Pdf

This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

Author : Penelope (Pip). Nicholson,Sarah Biddulph
Publisher : BRILL
Page : 369 pages
File Size : 51,7 Mb
Release : 2008
Category : Law
ISBN : 9789004165182

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Examining Practice, Interrogating Theory by Penelope (Pip). Nicholson,Sarah Biddulph Pdf

Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.

Author : Csaba Varga
Publisher : Springer Nature
Page : 218 pages
File Size : 48,9 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.

Author : J. M. Smits
Publisher : Edward Elgar Publishing
Page : 193 pages
File Size : 41,9 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857936554

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The Mind and Method of the Legal Academic by J. M. Smits Pdf

ïJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-ö-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions _ and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.Í _ Ralf Michaels, Duke University, US ïThe Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.Í _ Ewoud Hondius, University of Utrecht, The Netherlands ïA wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.Í _ Gerhard Dannemann, Centre for British Studies, Berlin, Germany ïThis book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.Í _ Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands ïAcademic debate over law and legal scholarship has placed legal research and legal education under pressure. Jan SmitsÍ book is intellectual self-defence of legal scholarship tailored for the needs of tomorrow. The Mind and Method of the Legal Academic is fluid, creative and original. Makes wonderful reading for those who are concerned about the future of legal research and legal education in a globalized world.Í _ Jaakko Husa, University of Lapland, Finland In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.

Author : J. Paul Lomio,Henrik Stakemann Spang-Hanssen,George D. Wilson
Publisher : Djoef Publishing
Page : 0 pages
File Size : 51,8 Mb
Release : 2011
Category : Electronic books
ISBN : 8757424675

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Legal Research Methods in a Modern World by J. Paul Lomio,Henrik Stakemann Spang-Hanssen,George D. Wilson Pdf

Lawyers engaged in European/US transborder transactions need to know how to find, understand, and compare applicable foreign and international laws. Breaking the oceanic divide, this book is the first legal research guide to consider internationalization and globalization in both the new law school curriculums and the changing practice of law. The book is a significant expansion and revision of the second edition of Legal Research Methods in the US and Europe. With the inclusion of material on China, Russia, and England - and on researching foreign law in general - the book now reflects a broader scope. Regarding US legal research, this edition explains the impacts and effects of major changes and developments that have occurred very recently, including the introduction of Bloomberg Law, WestlawNext, and the revolutionary Law.gov movement.

Author : William Elliott Butler
Publisher : BRILL
Page : 338 pages
File Size : 49,9 Mb
Release : 1980-02
Category : Law
ISBN : 9028600892

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International Law in Comparative Perspective by William Elliott Butler Pdf

Author : Jens Drolshammer,Michael Pfeifer
Publisher : BRILL
Page : 550 pages
File Size : 50,9 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004481961

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The Internationalization of the Practice of Law by Jens Drolshammer,Michael Pfeifer Pdf

Author : Jaakko Husa
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 41,9 Mb
Release : 2018-11-30
Category : Law
ISBN : 9781788116473

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Advanced Introduction to Law and Globalisation by Jaakko Husa Pdf

This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.

Author : Bryant Garth,Gregory Shaffer
Publisher : Oxford University Press
Page : 553 pages
File Size : 45,8 Mb
Release : 2022
Category : Law
ISBN : 9780197632314

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The Globalization of Legal Education by Bryant Garth,Gregory Shaffer Pdf

"Legal academics and practitioners in recent decades increasingly emphasize the so-called "globalization" of legal education. The diffusion of the Juris Doctor (JD) degree to Australia, Hong Kong, Japan and South Korea, as well as the advent of a very similar Juris Master (JM) degree in China and a shift in the late 1980s and beyond to a new, US-influenced format in India, exemplify shifts toward US legal education practices (Flood 2014). The global and Americanizing trend is evident on the web sites of law schools around the globe, with many law schools competing to be the most "global" in terms of their faculty, curricula, teaching methods, and students. Less pronounced but related to the literature on legal globalization is that on "transnationalization" and transnational processes, which is a strong component of the move toward globalization in legal education. As this book shows, if we look to see what is celebrated as part of globalized law schools and faculties, we see increased cross-border flows of professors and students, teaching of transnational legal subjects, development of particular forms of teaching practice such as legal clinics, explicit focus on transnational rankings, and transnationalized scholarly communities sharing teaching and research methods and approaches across domains of law"--

Author : Vernon Valentine Palmer,Mohamed Y. Mattar
Publisher : Routledge
Page : 320 pages
File Size : 53,6 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.