Towards A European Ius Commune In Legal Education And Research

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Towards a European Ius Commune in Legal Education and Research

Michael G. Faure,Universiteit Maastricht. Faculteit der Rechtsgeleerdheid
Towards a European Ius Commune in Legal Education and Research Book PDF

Author : Michael G. Faure,Universiteit Maastricht. Faculteit der Rechtsgeleerdheid
Publisher : Intersentia nv
Page : 1 pages
File Size : 49,8 Mb
Release : 2002
Category : Droit - Pays de l'Union européenne - Congrès
ISBN : 9789050952507

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Towards a European Ius Commune in Legal Education and Research by Michael G. Faure,Universiteit Maastricht. Faculteit der Rechtsgeleerdheid Pdf

This book is devoted to the growing internationalisation of the legal disciplines from both a scholarly and an educational perspective. Its contributions were presented at a conference to celebrate the 20th anniversary of the Maastricht Faculty of Law. There, not only the state of the main legal disciplines from the perspective of the emerging common law of Europe was discussed, but also a debate was held about the way to teach the law to future generations of students. This book contains contributions of Daan Asser, Katharina Boele-Woelki, Sabine Gle2, Stefan Grundmann, Ton Hartlief, Aalt Willem Heringa, Ewoud Hondius, André Klip, Kalle Määttä, Hector L. McQueen, Ulrich Magnus, Dieter Martiny, Peter-Christian Müller-Graff, Knut Wolfgang Nörr, Remco van Rhee, Michael Rodi, Jan Smits, Stefan Ubachs, Luc Verhey, Ellen Vos, Pierre Widmer and Alain Wijffels.

The Making of European Private Law

J. M. Smits
The Making of European Private Law Book PDF

Author : J. M. Smits
Publisher : Intersentia nv
Page : 322 pages
File Size : 48,9 Mb
Release : 2002
Category : Civil law
ISBN : 9789050951913

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The Making of European Private Law by J. M. Smits Pdf

The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.

Legal Education

A. W. Heringa
Legal Education Book PDF

Author : A. W. Heringa
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 2013
Category : Law
ISBN : 1780681666

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Legal Education by A. W. Heringa Pdf

This book on legal education is based upon many of author Aalt Willem Heringa's experiences as a professor and dean. Heringa has noted that there is relatively little literature and research about legal education and felt it was necessary to discuss the present state. The book focuses on many issues, such as teaching itself, employability, the mission and focus of law schools, the future of law schools in this age of internationalization, student intake, the link with the labor markets, as well as many other issues. One of the conclusions drawn is that law schools will have to seek their own position and niche, and that they will have different roles. The book also focuses on the need for law school deans and leaders to set clear mission statements and strategies and work towards education that provides all the necessary skills and knowledge that students can take with them into their future careers. (Series: Ius Commune Europaeum - Vol. 115)

Educating European Lawyers

A. W. Heringa,Bram Akkermans
Educating European Lawyers Book PDF

Author : A. W. Heringa,Bram Akkermans
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2011
Category : Comparative law
ISBN : 178068018X

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Educating European Lawyers by A. W. Heringa,Bram Akkermans Pdf

The continuing and accelerating process of European integration impacts European legal education - or ought to have an impact on the ideas about legal education in Europe. Although legal education in Europe is mainly national and usually conducted in the national language, there are initiatives that seek to break through the national barriers and move towards a truly European legal education. The Maastricht European Law School, which focuses on European Union law, international law, and comparative law, is one of these initiatives. This edited volume reflects upon European legal education in the light of Maastricht's program, which has been offered for a couple of years now and which attracts a great number of students from all over Europe, and around the world as well. The book offers to interested readers ways forward, as well as obstacles and points to ponder. Educating European Lawyers pays attention to the developments in European law and the effects these have on legal education in general, as well as in other fields. Drawing from their own experiences, the book's contributors describe the current state of law, offering perspectives on future developments and explaining how they translate these developments into the law school curriculum. The book's commonality is that each contributor seeks to prepare students better for a future in a more integrated Europe. Educating European Lawyers will generate debate and move the European discussion forward to concrete steps to effectively establish European legal education for new generations of lawyers that will work in an increasingly Europeanized legal domain. (Series: Ius Commune Europaeum - Vol. 98)

The Rise of Comparative Law

Bénédicte Fauvarque-Cosson
The Rise of Comparative Law Book PDF

Author : Bénédicte Fauvarque-Cosson
Publisher : ISBS
Page : 34 pages
File Size : 51,6 Mb
Release : 2007
Category : Comparative 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.)

Research Handbook on the Economics of European Union Law

Thomas Eger,Hans-Bernd Sch‹fer
Research Handbook on the Economics of European Union Law Book PDF

Author : Thomas Eger,Hans-Bernd Sch‹fer
Publisher : Edward Elgar Publishing
Page : 445 pages
File Size : 55,7 Mb
Release : 2012-01-01
Category : Political Science
ISBN : 9781781005279

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Research Handbook on the Economics of European Union Law by Thomas Eger,Hans-Bernd Sch‹fer Pdf

This comprehensive volume comprises original essays by authors well known for their work on the European Union. Together they provide the reader with an economic analysis of the most important elements of EU law and the mechanisms for decisions within the EU. The Handbook focuses particularly on how the development of EU law negotiates the tension between market integration, national sovereignty and political democracy. The book begins with chapters examining constitutional issues, while further chapters address the establishment of a single market. The volume also addresses sovereign debt problems by providing a detailed analysis of the architecture of the EU's monetary institutions, its monetary policy and their implications. The depth and breadth of the Handbook's coverage make it an essential reference for students, scholars and policymakers interested in the complexities of the European Union.

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 : 46,5 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.

Developing an EU Level Offence Classification System

A. Mennens
Developing an EU Level Offence Classification System Book PDF

Author : A. Mennens
Publisher : Maklu
Page : 116 pages
File Size : 45,5 Mb
Release : 2009
Category : Law
ISBN : 9789046602652

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Developing an EU Level Offence Classification System by A. Mennens Pdf

In the EU area of freedom, security, and justice, one of the main deficiencies is the lack of cross-country comparable data on crime and criminal justice. The importance of progress in this domain - especially in the context of the identification of best practices in the fight against crime - has been identified on several occasions. The main difficulty lies in the comparability of data or the guarantee that exchanged data is understood in the same way by all actors. In March 2007, the European Commission's Directorate-General for Justice, Freedom and Security launched a call for a Study on the Development of an EU Level Offence Classification System and an Assessment of Its Feasibility to Supporting the Implementation of the Action Plan to Develop an EU Strategy to Measure Crime and Criminal Justice (The Crime Statistics Project [CSP]). This book contains the final report of that Project. In the context of the project, the EU Level Offence Classification System (EULOCS) was created. Its aim is not to become yet another compelling system that requires Member States to further harmonize domestic criminal law or to adjust national data models, but to be a reference index that could serve the different needs in the wider area of justice and home affairs. According to its authors, the area of justice and home affairs could benefit from using EULOCS as a bench-mark, increasing the internal coherence of EU's criminal policy. This book is essential reading for EU policy makers, judicial and law enforcement authorities throughout the Union, as well as those in a broader international context. It will be an asset to everyone involved in or taking an interest in the production of meaningful and comparable data on crime and criminal justice in Europe.

EULOCS

Gert Vermeulen
EULOCS Book PDF

Author : Gert Vermeulen
Publisher : Maklu
Page : 114 pages
File Size : 42,8 Mb
Release : 2009
Category : Law
ISBN : 9789046602645

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EULOCS by Gert Vermeulen Pdf

The EU Level Offence Classification System (EULOCS) brings together the current EU substantive criminal law acquis, building essentially on offence definitions referred to in legal instruments included in the EU Justice and Home Affairs (EU JHA) acquis. In doing so, EULOCS clarifies the scope between EU competence and national sovereignty with regard to defining criminal behavior. With this book, EULOCS is bench-marked as a reference index for serving various needs in the broader EU criminal policy area, having the potential to significantly enhance the internal coherence thereof. The proposed reference index, with offence definitions inherent to it, fundamentally addresses the problem created by the organic elaboration and adoption of legal instruments at the EU level, making reference to certain offence categories the scope or definition whereof is most often either not clarified or indicated, or left to the discretion of the individual Member States. Before elaborating on the creation of EULOCS - the methodology used, its main characteristics, and the potential for further development in the coming years - this book contains a brief overview of the incoherence in the EU JHA field and a reference to the EU study to implement the Action Plan to measure crime and criminal justice, conducted for the European Commission in the course of 2008-2009, in the context of which EULOCS has been created. Most importantly, the full EULOCS, with all its complementary variables and context fields, has been inserted. This book is essential reading for EU policy makers, judicial and law enforcement authorities throughout the Union, as well as those in a broader international context. It will be particularly appealing also to the research community and anyone involved in or taking an interest in justice and home affairs or criminal policy initiatives in the EU.

Bilingual Higher Education in the Legal Context

Xabier Arzoz
Bilingual Higher Education in the Legal Context Book PDF

Author : Xabier Arzoz
Publisher : Martinus Nijhoff Publishers
Page : 375 pages
File Size : 51,8 Mb
Release : 2012-02-17
Category : Law
ISBN : 9789004209251

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Bilingual Higher Education in the Legal Context by Xabier Arzoz Pdf

The aim of this book is to document the experiences of institutions and states that are implementing bilingual higher education policies in the legal context, to identify the different approaches and to suggest some of the likely areas for future theoretical development. It examines the role of higher education language policies (medium-of-instruction policies in higher education) in mediating the tension between on the one hand the centralizing forces of stated-mandated policies and globalisation and demands for language rights by ethnic and linguistic minorities on the other.

The Internationalisation of Legal Education

Christophe Jamin,William van Caenegem
The Internationalisation of Legal Education Book PDF

Author : Christophe Jamin,William van Caenegem
Publisher : Springer
Page : 346 pages
File Size : 52,6 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.

The Future of Legal Europe: Will We Trust in It?

Gavin Barrett,Jean-Philippe Rageade,Diana Wallis,Heinz Weil
The Future of Legal Europe Will We Trust in It Book PDF

Author : Gavin Barrett,Jean-Philippe Rageade,Diana Wallis,Heinz Weil
Publisher : Springer Nature
Page : 875 pages
File Size : 42,6 Mb
Release : 2021-05-12
Category : Law
ISBN : 9783030682538

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The Future of Legal Europe: Will We Trust in It? by Gavin Barrett,Jean-Philippe Rageade,Diana Wallis,Heinz Weil Pdf

With this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the Director of the Academy of European Law (ERA) in Trier from 2000 to 2020. The contributions provide a thorough analysis of some of the most relevant legal and political challenges faced by the European Union, including in the fields of data protection rules, artificial intelligence, the rule of law, human rights protection, institutional reform of the EU and changes in the legal and judicial professions. The book is primarily aimed at postgraduate students, legal practitioners and scholars interested in EU legal matters.

Principles of Proper Conduct for Supranational, State and Private Actors in the European Union

Jan Wouters
Principles of Proper Conduct for Supranational State and Private Actors in the European Union Book PDF

Author : Jan Wouters
Publisher : Intersentia nv
Page : 234 pages
File Size : 40,6 Mb
Release : 2001
Category : Conflict of laws
ISBN : 9789050951623

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Principles of Proper Conduct for Supranational, State and Private Actors in the European Union by Jan Wouters Pdf

This book contains the proceedings of an international colloquium in honour of Professor Walter van Gerven which was held in Leuven on 15-16 September 2000 and organized by the Universities of Leuven and Maastricht in the framework of the lus Commune Research School. Walter van Gerven has been a professor of Law in Leuven for four decades and in Maastricht between 1994 and 2000; he has been Advocate General at the Court of Justice of the European Communities (1988-1994) and was Member of the Committee of Independent Experts which screened the European Commission in 1999. The book is built around three themes: good governance in the European Union, judicial review of administrative action and liability of supranational, State and private actors. A great number of very distinguished scholars have contributed to this book: Lord Slynn of Hadley, Deirdre Curtin, Christiaan W.A. Timmermans, Gil Carlos Rodriguez Iglesias, Sacha Prechal, Jürgen Schwarze, Takis Tridimas, Bruno de Witte, Jeremy Lever, Pierre Larouche, Francis G. Jacobs, Luc Gyselen, Paul J.G. Kapteyn, Arthur Hartkamp and Pieter VerLoren van Themaat.

Comparative Law

Esin Örücü,David Nelken
Comparative Law Book PDF

Author : Esin Örücü,David Nelken
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 51,6 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.

The Enigma of Comparative Law

Esin Örücü
The Enigma of Comparative Law Book PDF

Author : Esin Örücü
Publisher : Springer
Page : 243 pages
File Size : 45,5 Mb
Release : 2013-12-14
Category : Law
ISBN : 9789401755962

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The Enigma of Comparative Law by Esin Örücü Pdf

Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.