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Comparative Law in a Global Context

Comparative Law in a Global Context
Author: Werner F. Menski
Publisher: Cambridge University Press
Total Pages: 565
Release: 2006-03-30
Genre: Law
ISBN: 1139452711

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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.


Comparative Law

Comparative Law
Author: Mathias Siems
Publisher: Law in Context
Total Pages: 531
Release: 2018-04-12
Genre: Law
ISBN: 1107182417

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The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.


Reasons and Context in Comparative Law

Reasons and Context in Comparative Law
Author: Sophie Turenne
Publisher:
Total Pages: 0
Release: 2023
Genre: Comparative law
ISBN: 9781009246361

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"Honouring the work and writings of Professor John Bell, leading scholars present essays on factors affecting the course of 'legal development' in common law and Civilian systems. Offering a range of accessible and illustrative studies, the collection considers topical debates and develops avenues for the future of comparative legal research"--


Comparative Law

Comparative Law
Author: Mathias M. Siems
Publisher:
Total Pages: 438
Release: 2014
Genre: Comparative law
ISBN: 9781139949002

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Comparative Law in a Changing World

Comparative Law in a Changing World
Author: Peter De Cruz
Publisher: Routledge Cavendish
Total Pages: 532
Release: 2007
Genre: Law
ISBN: 9781859419366

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Providing a comprehensive and comparative analysis of the legal approach to key areas of law within different legal systems, this book offers a blueprint for comparative legal study by evaluating the current epistemological debate on comparative law and comparative legal research methods. Substantive law, the law of obligations, commercial and corporate law within the major legal systems of the world are all examined and compared. While France and Germany are generally used as the archetypal civil law jurisdictions and English law as the main common law comparator, this third edition also examines the Russian Federation in the post-Soviet era and socialist legal influences as well as non-Western legal traditions. Fully updated and revised to include all recent developments, this edition also includes a broad historical introduction and outlines changes in EC Law. It assesses the possibility of Europeanization of national legal systems and certain legal topics, the impact of the globalization of legal institutions and the evolving 'new world order' in the early twenty-first century. Written in a clear, user-friendly style, Comparative Law in a Changing World is an accessible source for undergraduates and postgraduates wishing to trace the influence of common law and civil law legal traditions on jurisdictions across the world.


Roman Law & Comparative Law

Roman Law & Comparative Law
Author: Alan Watson
Publisher: University of Georgia Press
Total Pages: 353
Release: 1991
Genre: Law
ISBN: 0820312614

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Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.


The Cambridge Companion to Comparative Law

The Cambridge Companion to Comparative Law
Author: Mauro Bussani
Publisher: Cambridge University Press
Total Pages: 423
Release: 2012-08-16
Genre: Business & Economics
ISBN: 0521895707

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The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.


Comparative Law

Comparative Law
Author: Esin Örücü
Publisher: Bloomsbury Publishing
Total Pages: 480
Release: 2007-10-12
Genre: Law
ISBN: 1509942025

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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.


Comparative Law

Comparative Law
Author: Uwe Kischel
Publisher: Oxford University Press
Total Pages: 976
Release: 2019-02-21
Genre: Law
ISBN: 0192508873

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Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.


Law Out of Context

Law Out of Context
Author: Alan Watson
Publisher: University of Georgia Press
Total Pages: 238
Release: 2000
Genre: Law
ISBN: 9780820321615

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Law and society are closely related, though the relationship between the two is both complicated and understudied. In a world of rapidly changing people, places, and ideas, law is frequently taken out of context, often with surprising and unnecessary consequences. As societies and their structures, religious doctrines, and economies change, laws previously established often remain unchanged. Dominant nations frequently impose their own laws on weaker nations, whether or not their cultures are similar. Conquered nations, after regaining freedom, often keep their conquerors' laws by default. Law is often misrepresented in literature, and legal scholars, citizens, and businesspeople alike ignore large portions of the legislation under which they live and work. Even the American system of legal education frequently proves itself irrelevant to a proper understanding of today's laws. Alan Watson studies examples from the ancient laws of Rome and Byzantium, laws within the Christian Gospels, and policies of legal education in the modern United States to demonstrate the need for a new approach to both law and legal education. Law Out of Context illustrates that only by understanding comparative legal history and by paying more attention to changes in our society can we hope to devise consistently fair and respected laws.