Comparative Perspectives On Public And Private Laws A Student Handbook

Author : Mr. Sayed Qudrat Hashimy
Publisher : Institute of Legal Education
Page : 184 pages
File Size : 51,7 Mb
Release : 2023-07-25
Category : Law
ISBN : 9788196439163

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COMPARATIVE PERSPECTIVES ON PUBLIC AND PRIVATE LAWS - A STUDENT HANDBOOK by Mr. Sayed Qudrat Hashimy Pdf

The study of law is a pursuit that requires deep exploration and understanding of its fundamental principles and their application in different legal systems. The complexities of law can be both intriguing and challenging, and a comprehensive analysis of the dichotomy between public and private law is essential to grasp the nuances of legal relationships and remedies. In this book, we embark on an intellectual journey, meticulously examining the dichotomy of public and private law and its significance in the legal landscape. We begin by tracing the genesis of public law and unraveling the boundaries that distinguish it from private law. Exploring the parties involved, the nature of legal relationships, and the remedies and procedures available, we lay the groundwork for a comprehensive understanding of this multifaceted dichotomy. As we delve deeper into the subject matter, we challenge existing notions and encourage readers to rethink the boundaries of public and private law. The separation of powers, a cornerstone of democratic systems, assumes a new dimension as we analyze its evolving nature and its influence on legal systems across the globe. We explore the transformation of natural law and its impact on the domain of public law, shedding light on the dynamic interplay between legal principles and societal changes. Furthermore, we explore the role of public and private law in the era of globalization, recognizing the interconnectedness of legal systems and the challenges posed by an increasingly interconnected world. By examining the rule of law and the doctrine of separation of powers in Islamic and socialist legal systems, we gain valuable insights into alternative approaches to legal governance and the protection of human rights. A comprehensive exploration of civil legal systems, including the Romano-German legal system, mixed legal systems, and common law traditions, forms a crucial part of our analysis. From Germany to France, Switzerland to Finland, and beyond, we examine the constitutional frameworks, judicial independence, court systems, and legal aid provisions that define these legal systems and shape their application in society. As we traverse through the chapters, we also explore the legal systems of Japan, the United Kingdom, the United States, Ireland, Canada, Australia, Singapore, South Africa, and India, unraveling the intricacies of their legal frameworks and the principles that underpin them. From written constitutions to the structure of governments, from the powers of the judiciary to the protection of fundamental rights, we delve into the unique characteristics of each legal system, offering a comprehensive analysis for readers. Additionally, we delve into the principles of natural justice and their significance in the Indian legal system. We explore the role of the Ombudsman in India, the right to information, and the juxtaposition of private and public laws, providing valuable insights into the evolving landscape of legal governance in India. Moreover, we delve into the socialist legal systems of Russia and the People's Republic of China, analyzing their written constitutions, governance structures, and the role of the judiciary within their legal frameworks. By examining the incorporation of rights and duties, the rigidity of the constitution, and the hierarchy of courts, we gain a deeper understanding of the legal systems of these nations. Finally, we explore the Muslim legal systems of Iran, Kuwait, the United Arab Emirates, and Saudi Arabia, shedding light on their unique characteristics and their influence on legal governance within these nations. Through our exploration of private and public law, we also analyze the practices of states, the interpretation of constitutions, the philosophy of rights and liberties, and the right to equality. Furthermore, we delve into the jurisprudential aspects of private and public law, examining influential theories and concepts that shape our understanding of legal systems and their functioning. This book serves as a comprehensive guide for legal scholars, practitioners, students, and anyone interested in gaining a deeper understanding of the complexities of public and private law. Our aim is to facilitate critical thinking, foster academic discourse, and contribute to the advancement of legal knowledge in a rapidly changing world. We invite you to embark on this intellectual journey, exploring the intricacies of legal systems and gaining a deeper understanding of the dichotomy between public and private law. Happy reading!

Author : Michele Graziadei,Lionel Smith
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 45,9 Mb
Release : 2017-01-27
Category : Law
ISBN : 9781785369162

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Comparative Property Law by Michele Graziadei,Lionel Smith Pdf

Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.

Author : Mortimer Sellers,Tadeusz Tomaszewski
Publisher : Springer Science & Business Media
Page : 257 pages
File Size : 40,9 Mb
Release : 2010-07-23
Category : Law
ISBN : 9789048137497

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The Rule of Law in Comparative Perspective by Mortimer Sellers,Tadeusz Tomaszewski Pdf

This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Author : Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth
Publisher : Oxford University Press, USA
Page : 1169 pages
File Size : 51,8 Mb
Release : 2021-01-17
Category : Law
ISBN : 9780198799986

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The Oxford Handbook of Comparative Administrative Law by Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth Pdf

In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

Author : John W. F. Allison
Publisher : Unknown
Page : 301 pages
File Size : 49,6 Mb
Release : 2000
Category : Administrative law
ISBN : 9780198298656

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A Continental Distinction in the Common Law by John W. F. Allison Pdf

The development of an autonomous English public law has been accompanied by persistent problems - a lack of systematic principles, dissatisfaction with judicial procedures, and uncertainty about the judicial role. It has provoked an ongoing debate on the very desirability of the distinctionbetween public and private law. In this debate, a historical and comparative perspective has been lacking. A Continental Distinction in the Common Law introduces such a perspective. It compares the recent emergence of a significant English distinction with the entrenchment of the traditional Frenchdistinction. It explains how persistent problems of English public law are related to fundamental differences between the English and French legal and political traditions, differences in their conception of the state administration, their approach to law, their separation of powers, and theirjudicial procedures in public-law cases. The author argues that a satisfactory distinction between public and private law depends on a particular legal and political context, a context which was evident in late nineteenth-century France and is absent in twentieth-century England. He concludes byidentifying the far-reaching theoretical, institutional, and procedural changes required to accommodate English public law.

Author : Michel Rosenfeld,András Sajó
Publisher : OUP Oxford
Page : 1417 pages
File Size : 54,8 Mb
Release : 2012-05-17
Category : Law
ISBN : 9780191640179

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The Oxford Handbook of Comparative Constitutional Law by Michel Rosenfeld,András Sajó Pdf

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Author : Guillaume Laganière
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 55,7 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509951178

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Liability for Transboundary Pollution at the Intersection of Public and Private International Law by Guillaume Laganière Pdf

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

Author : Mathias Reimann,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 1536 pages
File Size : 44,6 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.

Author : Jürgen Basedow,Harald Baum,Yuko Nishitani,Max-Planck-Institut für Ausländisches und Internationales Privatrecht
Publisher : Mohr Siebeck
Page : 468 pages
File Size : 41,7 Mb
Release : 2008
Category : Law
ISBN : 3161495470

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Japanese and European Private International Law in Comparative Perspective by Jürgen Basedow,Harald Baum,Yuko Nishitani,Max-Planck-Institut für Ausländisches und Internationales Privatrecht Pdf

The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.

Author : Susan Rose-Ackerman,Peter L. Lindseth
Publisher : Edward Elgar Publishing
Page : 689 pages
File Size : 52,7 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849808101

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Comparative Administrative Law by Susan Rose-Ackerman,Peter L. Lindseth Pdf

This research handbook is a comprehensive overview of the field of comparative administrative law. The specially commissioned chapters in this landmark volume represent a broad, multi-method approach combining perspectives from history and social science with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines. Beginning with historical reflections on the emergence of administrative law over the last two centuries, the volume then turns to the relationship of administrative and constitutional law, with an additional section focusing on the key issue of administrative independence. Two further sections highlight the possible tensions between impartial expertise and public accountability, drawing insights from economics and political science as well as law. The final section considers the changing boundaries of the administrative state – both the public-private distinction and the links between domestic and transnational regulatory bodies such as the European Union. In covering this broad range of topics, the book illuminates a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of public authority. This extensive, interdisciplinary appraisal of the field will prove a vital resource for scholars and students of administrative and comparative law. Historians of the state looking for a broad overview of a key area of public law, reformers in emerging economies, donor agencies looking for governance options, and policy analysts with an interest in the law/policy interface will find this work a valuable addition to their library.

Author : Verica Trstenjak,Petra Weingerl
Publisher : Springer
Page : 593 pages
File Size : 55,9 Mb
Release : 2015-12-16
Category : Law
ISBN : 9783319253374

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The Influence of Human Rights and Basic Rights in Private Law by Verica Trstenjak,Petra Weingerl Pdf

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

Author : Mark Elliott,Jason NE Varuhas,Shona Wilson Stark
Publisher : Bloomsbury Publishing
Page : 472 pages
File Size : 49,8 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781509915194

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The Unity of Public Law? by Mark Elliott,Jason NE Varuhas,Shona Wilson Stark Pdf

This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.

Author : Marta Santos Silva,Andrea Nicolussi,Christiane Wendehorst,Pablo Salvador Coderch,Marc Clément,Fryderyk Zoll
Publisher : Taylor & Francis
Page : 693 pages
File Size : 45,6 Mb
Release : 2024-06-05
Category : Law
ISBN : 9781040037430

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Routledge Handbook of Private Law and Sustainability by Marta Santos Silva,Andrea Nicolussi,Christiane Wendehorst,Pablo Salvador Coderch,Marc Clément,Fryderyk Zoll Pdf

The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‐design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices. Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.

Author : Xandra Kramer,Laura Carballo Piñeiro
Publisher : Edward Elgar Publishing
Page : 409 pages
File Size : 41,8 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781800375536

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Research Methods in Private International Law by Xandra Kramer,Laura Carballo Piñeiro Pdf

This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.

Author : Guido Calabresi
Publisher : Syracuse University Press
Page : 232 pages
File Size : 44,7 Mb
Release : 1985-06-01
Category : Law
ISBN : 0815623100

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Ideals, Beliefs, Attitudes, and the Law by Guido Calabresi Pdf