The Rise Of Comparative Law

Author : Bénédicte Fauvarque-Cosson
Publisher : ISBS
Page : 34 pages
File Size : 48,7 Mb
Release : 2007
Category : Law
ISBN : 9076871892

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The Rise of Comparative Law by Bénédicte Fauvarque-Cosson Pdf

Over the past years, academics have reacquired a significant role in the European law-making process. A truly European legal research, based on various networks has also been developed. This seventh Walter van Gerven Lecture examines the discrepancy between, on the one hand, the rise of European and comparative law and, on the other hand, the limited means allocated to the supranational education of future jurists. Legal insularity is no longer an option. Comparative law therefore should no longer be regarded as a pure academic and optional discipline, but as an effective way to lead professors, judges, and legislators out of national legal isolation. Moreover, the strength and durability of truly European legal thinking depends largely on the comparative dimension of education. (The Walter van Gerven Lectures are organized in close cooperation with the Ius Commune Research School, which unites legal scholars from the law faculties of the universities of Leuven, Maastricht, Utrecht, and Amsterdam.)

Author : Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 55,8 Mb
Release : 2024-06-07
Category : Law
ISBN : 9781781955222

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Comparative Legal History by Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer Pdf

The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.

Author : George Mousourakis
Publisher : Springer Nature
Page : 323 pages
File Size : 49,7 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 : Bryant G. Garth
Publisher : BRILL
Page : 198 pages
File Size : 48,9 Mb
Release : 2024-06-07
Category : Electronic
ISBN : 8210379456XXX

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International Encyclopedia of Comparative Law by Bryant G. Garth Pdf

Author : George Mousourakis
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 2019
Category : Comparative law
ISBN : 3030282821

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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.

Author : Guy Canivet,Mads Tønnesson Andenæs,Duncan Fairgrieve
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 50,5 Mb
Release : 2005
Category : Comparative law
ISBN : 0903067897

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Comparative Law Before the Courts by Guy Canivet,Mads Tønnesson Andenæs,Duncan Fairgrieve Pdf

Comparative law is increasingly recognized as an essential reference point for judicial decision-making. The English courts have long been open to considering how legal problems are solved in other jurisdictions and there have been parallel developments across the Channel. Comparative law is gaining in utility and relevance in the decisions of the courts. This book is extremely timely, bringing together a collection of essays by distinguished jurists from the judiciary and academia and providing an important contribution to analysis of this topic. Contributors focus on a variety of European jurisdictions but also look at North America and South Africa. The first part of the book deals with the problems and possibilities of comparative law in national courts. Discussion ranges from the problems of proof of foreign law in national courts to legal borrowings and institutional mechanisms for international judicial cooperation in national courts. The second part of the book, focusing on European Law, contains a range of chapters exploring in a number of dimensions the suggestion that an intensification of comparative law methodology in the courts might be attributable to the growth and impact of European supra-national law. The third part of the book takes the argument into the field of administrative law, an area which has traditionally been relatively impervious to comparative cross-fertilization between European states. The fourth part of the book covers a widely diverse set of topics in the field of general and mainly private law.

Author : Jedidiah Joseph Kroncke
Publisher : Oxford University Press
Page : 373 pages
File Size : 41,6 Mb
Release : 2016
Category : Law
ISBN : 9780190233525

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The Futility of Law and Development by Jedidiah Joseph Kroncke Pdf

This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.

Author : the late Theodore Eisenberg,Giovanni B. Ramello
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 51,5 Mb
Release : 2016-02-26
Category : Business & Economics
ISBN : 9780857932587

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Comparative Law and Economics by the late Theodore Eisenberg,Giovanni B. Ramello Pdf

Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship. With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements. This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.

Author : Bernhard Grossfeld
Publisher : Oxford University Press, USA
Page : 144 pages
File Size : 40,6 Mb
Release : 1990
Category : History
ISBN : STANFORD:36105044302797

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The Strength and Weakness of Comparative Law by Bernhard Grossfeld Pdf

This book is a unique and stylish reflection on the true value of comparative legal research. Arguing that the presumption of similarity that underlies much comparative legal research is dangerous and faulty, Grossfeld draws examples from the German and American legal systems to discuss legislation, private and public international law, domestic law, culture and law, geography and law, language and law, and religion and law.

Author : Markus D. Dubber,Christopher Tomlins
Publisher : Oxford University Press
Page : 1152 pages
File Size : 45,9 Mb
Release : 2018-08-02
Category : Law
ISBN : 9780192513137

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The Oxford Handbook of Legal History by Markus D. Dubber,Christopher Tomlins Pdf

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Author : Maurice Adams,Dirk Heirbaut
Publisher : Bloomsbury Publishing
Page : 328 pages
File Size : 43,7 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254928

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The Method and Culture of Comparative Law by Maurice Adams,Dirk Heirbaut Pdf

Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.

Author : P. G. Monateri
Publisher : Edward Elgar Publishing
Page : 339 pages
File Size : 54,8 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.

Author : Jaakko Husa
Publisher : Hart Publishing
Page : 298 pages
File Size : 51,5 Mb
Release : 2015-05-21
Category : Law
ISBN : 184946796X

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A New Introduction to Comparative Law by Jaakko Husa Pdf

This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

Author : Konrad Zweigert,Hein Kötz
Publisher : Unknown
Page : 456 pages
File Size : 46,9 Mb
Release : 1987
Category : Civil law
ISBN : UCSD:31822003892890

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Introduction to Comparative Law: The institutions of private law by Konrad Zweigert,Hein Kötz Pdf

Author : Mads Andenas,Duncan Fairgrieve
Publisher : OUP Oxford
Page : 730 pages
File Size : 48,6 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.