Global Legal Traditions

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Global Legal Traditions

Michael J. Bazyler,Michael S. Bryant,Kristen Nelson,Sermid Dean Al-Sarraf
Global Legal Traditions Book PDF

Author : Michael J. Bazyler,Michael S. Bryant,Kristen Nelson,Sermid Dean Al-Sarraf
Publisher : Carolina Academic Press LLC
Page : 888 pages
File Size : 44,9 Mb
Release : 2021
Category : Comparative law
ISBN : 1531007856

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Global Legal Traditions by Michael J. Bazyler,Michael S. Bryant,Kristen Nelson,Sermid Dean Al-Sarraf Pdf

"Global Legal Traditions: Comparative Law for the 21st Century explores four legal traditions from around the world, both Western (German civil law and English common law) and non-Western (Chinese law and Islamic law). The book opens by focusing on European-based civil law, represented by German law, before moving on to the common law legal tradition seen in English law. Some comparative law casebooks and study guides stop with Western law but Global Legal Traditions continues by turning to the study of a secular non-European legal tradition by examining Chinese law, or more specifically the law of the People's Republic of China. The book's final section covers the non-state, religion-based legal tradition found in Islamic law, both in its pre-state form and how Islamic law manifests itself within the confines of sovereign state powers. Each part contains seven chapters intended to enable students to draw comparisons and make distinctions between the legal traditions under review. Each part includes five chapters covering common topics: history and development of the legal tradition; political process; judicial process; legal actors and legal education; and civil law. The remaining two chapters for each part focus on a legal subject most relevant to that legal tradition"--

Domestic Law Goes Global

Sara McLaughlin Mitchell,Emilia Justyna Powell
Domestic Law Goes Global Book PDF

Author : Sara McLaughlin Mitchell,Emilia Justyna Powell
Publisher : Cambridge University Press
Page : 279 pages
File Size : 43,5 Mb
Release : 2011-04-14
Category : Political Science
ISBN : 9781139501194

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Domestic Law Goes Global by Sara McLaughlin Mitchell,Emilia Justyna Powell Pdf

International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.

Indigenous Legal Traditions

Law Commission of Canada
Indigenous Legal Traditions Book PDF

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 42,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Global Legal History

Joshua C. Tate,José Reinaldo de Lima Lopes,Andrés Botero-Bernal
Global Legal History Book PDF

Author : Joshua C. Tate,José Reinaldo de Lima Lopes,Andrés Botero-Bernal
Publisher : Routledge
Page : 212 pages
File Size : 47,8 Mb
Release : 2018-12-07
Category : History
ISBN : 9781351068468

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Global Legal History by Joshua C. Tate,José Reinaldo de Lima Lopes,Andrés Botero-Bernal Pdf

This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.

Five Legal Revolutions Since the 17th Century

Jean-Louis Halpérin
Five Legal Revolutions Since the 17th Century Book PDF

Author : Jean-Louis Halpérin
Publisher : Springer
Page : 194 pages
File Size : 43,5 Mb
Release : 2014-07-22
Category : Law
ISBN : 9783319058887

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Five Legal Revolutions Since the 17th Century by Jean-Louis Halpérin Pdf

This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.

Legal Traditions of the World

H. Patrick Glenn
Legal Traditions of the World Book PDF

Author : H. Patrick Glenn
Publisher : Oxford University Press, USA
Page : 408 pages
File Size : 45,5 Mb
Release : 2004
Category : Law
ISBN : UCAL:B5121726

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Legal Traditions of the World by H. Patrick Glenn Pdf

Previous edition, 1st, published in 2000.

The Oxford Handbook of Global Legal Pluralism

Paul Schiff Berman
The Oxford Handbook of Global Legal Pluralism Book PDF

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 42,8 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744

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The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Comparative Law and Legal Traditions

George Mousourakis
Comparative Law and Legal Traditions Book PDF

Author : George Mousourakis
Publisher : Springer Nature
Page : 323 pages
File Size : 49,8 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.

A Cosmopolitan Jurisprudence

Helge Dedek
A Cosmopolitan Jurisprudence Book PDF

Author : Helge Dedek
Publisher : Cambridge University Press
Page : 325 pages
File Size : 40,7 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108841726

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A Cosmopolitan Jurisprudence by Helge Dedek Pdf

Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

Legal Traditions of the World

H. Patrick Glenn
Legal Traditions of the World Book PDF

Author : H. Patrick Glenn
Publisher : Oxford University Press, USA
Page : 448 pages
File Size : 44,8 Mb
Release : 2010
Category : Language Arts & Disciplines
ISBN : 9780199580804

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Legal Traditions of the World by H. Patrick Glenn Pdf

'a superb book' J South Pacific L --

International Crime and Justice

Mangai Natarajan
International Crime and Justice Book PDF

Author : Mangai Natarajan
Publisher : Cambridge University Press
Page : 571 pages
File Size : 55,8 Mb
Release : 2010-11-15
Category : Social Science
ISBN : 9781139492379

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International Crime and Justice by Mangai Natarajan Pdf

International crime and justice is an emerging field that covers international and transnational crimes that have not been the focus of mainstream criminology or criminal justice. This book examines the field from a global perspective. It provides an introduction to the nature of international and transnational crimes and the theoretical perspectives that assist in understanding the relationship between social change and the waxing and waning of the crime opportunities resulting from globalization, migration, and culture conflicts. Written by a team of world experts, it examines the central role of victim rights in the development of legal frameworks for the prevention and control of transnational and international crimes. It also discusses the challenges to delivering justice and obtaining international cooperation in efforts to deter, detect, and respond to these crimes.

Comparative Law in a Global Context

Werner F. Menski
Comparative Law in a Global Context Book PDF

Author : Werner F. Menski
Publisher : Cambridge University Press
Page : 565 pages
File Size : 44,6 Mb
Release : 2006-03-30
Category : Law
ISBN : 9781139452717

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Comparative Law in a Global Context by Werner F. Menski Pdf

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.

Domestic Law Goes Global

Sara McLaughlin Mitchell
Domestic Law Goes Global Book PDF

Author : Sara McLaughlin Mitchell
Publisher : Unknown
Page : 263 pages
File Size : 41,7 Mb
Release : 2011
Category : Arbitration (International law)
ISBN : 1139070444

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Domestic Law Goes Global by Sara McLaughlin Mitchell Pdf

"International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules"--Provided by publisher

Positive Law from the Muslim World

Baudouin Dupret
Positive Law from the Muslim World Book PDF

Author : Baudouin Dupret
Publisher : Cambridge University Press
Page : 329 pages
File Size : 47,7 Mb
Release : 2021-06-24
Category : Law
ISBN : 9781108845212

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Positive Law from the Muslim World by Baudouin Dupret Pdf

Dupret explores how the concept of positive law operated in the Muslim world.

Common Law – Civil Law

Nicoletta Bersier,Christoph Bezemek,Frederick Schauer
Common Law Civil Law Book PDF

Author : Nicoletta Bersier,Christoph Bezemek,Frederick Schauer
Publisher : Springer Nature
Page : 194 pages
File Size : 41,6 Mb
Release : 2022-01-01
Category : Law
ISBN : 9783030877187

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Common Law – Civil Law by Nicoletta Bersier,Christoph Bezemek,Frederick Schauer Pdf

This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.