Charting The Divide Between Common And Civil Law
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Author | : Thomas Lundmark |
Publisher | : Oxford University Press, USA |
Total Pages | : 482 |
Release | : 2012-09-27 |
Genre | : Language Arts & Disciplines |
ISBN | : 0199738823 |
INTRODUCTION CHAPTER ONE: The Discipline of Comparative Law CHAPTER TWO: Comparative Legal Linguistics CHAPTER THREE: Comparative Jurisprudence CHAPTER FOUR: Lawyers CHAPTER FIVE: Judges and Judiciaries CHAPTER SIX: Lay Judges and Juries CHAPTER SEVEN: Legal Reasoning CHAPTER EIGHT: Statutes and their Construction CHAPTER NINE: Judicial Precedents CONCLUSION.
Author | : Nicoletta Bersier |
Publisher | : Springer Nature |
Total Pages | : 194 |
Release | : 2022-01-01 |
Genre | : Law |
ISBN | : 3030877183 |
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.
Author | : András Jakab |
Publisher | : Cambridge University Press |
Total Pages | : 867 |
Release | : 2017-04-27 |
Genre | : Law |
ISBN | : 1108138616 |
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Author | : Jeffrey Neil Gordon |
Publisher | : Oxford University Press |
Total Pages | : 1217 |
Release | : 2018 |
Genre | : Business & Economics |
ISBN | : 0198743688 |
Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.
Author | : Thomas Lundmark |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2024-05-07 |
Genre | : Law |
ISBN | : 0198785674 |
How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.
Author | : Sean Patrick Donlan |
Publisher | : Routledge |
Total Pages | : 141 |
Release | : 2019-12-06 |
Genre | : Law |
ISBN | : 0429751419 |
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Author | : Mark Fenwick |
Publisher | : Bloomsbury Publishing |
Total Pages | : 325 |
Release | : 2017-09-21 |
Genre | : Law |
ISBN | : 150991126X |
The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
Author | : Jörg Kammerhofer |
Publisher | : Cambridge University Press |
Total Pages | : 555 |
Release | : 2014-10-06 |
Genre | : Law |
ISBN | : 1107019265 |
The first comprehensive study of international legal positivism and how this theory operates in twenty-first-century international legal scholarship.
Author | : Husa, Jaakko |
Publisher | : Edward Elgar Publishing |
Total Pages | : 256 |
Release | : 2022-05-17 |
Genre | : Law |
ISBN | : 1802209786 |
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful and timely book introduces an explanatory theory for surveying global and international politics. Describing the nature and effects of democracy beyond the state, Hans Agné explores peace and conflict, migration politics, resource distribution, regime effectiveness, foreign policy and posthuman politics through the lens of democratism to both supplement and challenge established research paradigms.
Author | : Mathias Siems |
Publisher | : Cambridge University Press |
Total Pages | : 531 |
Release | : 2018-04-12 |
Genre | : Law |
ISBN | : 1316863700 |
Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.