Legalist Empire

Legalist Empire
Author: Benjamin Allen Coates
Publisher: Oxford University Press
Total Pages: 297
Release: 2016
Genre: History
ISBN: 0190495952

'Legalist Empire' explores the intimate connections between international law and empire in the United States from 1898 to 1919.

Droit International Privé À la Fin Du XXe Siècle

Droit International Privé À la Fin Du XXe Siècle
Author: Symeon Symeonides
Publisher: Springer
Total Pages: 520
Release: 2000
Genre: Law
ISBN:

This book provides a comparative assessment of the current state of private international law by exploring the fundamental philosophical, ideological, and methodological challenges encountered during the 20th century and the responses to those challenges in the western world. Among the questions discussed are: the dilemma between `conflicts justice' and `material justice'; the conflict between the goal of international uniformity and the need or desire to protect state or national interests; the tension between the goals of certainty and flexibility; the symbiosis of the multilateral, unilateral, and substantive methodologies; and the antagonism or co-existence between choice-of-law rules and flexible `approaches', and between `jurisdiction-selecting' and `content-oriented' rules or approaches. Written by some of the world's most distinguished scholars, this thought-provoking book provides insightful and diverse perspectives from nineteen countries. It is essential reading for any teacher or student of private international law or comparative law.

The Oxford Handbook of Comparative Law

The Oxford Handbook of Comparative Law
Author: Mathias Reimann
Publisher: Oxford University Press
Total Pages: 1425
Release: 2019-03-26
Genre: Law
ISBN: 0192565516

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Paradigms in Modern European Comparative Law

Paradigms in Modern European Comparative Law
Author: Balázs Fekete
Publisher: Bloomsbury Publishing
Total Pages: 244
Release: 2021-04-22
Genre: Law
ISBN: 1509946934

This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.

Common Law, Civil Law, and Colonial Law

Common Law, Civil Law, and Colonial Law
Author: William Eves
Publisher: Cambridge University Press
Total Pages: 349
Release: 2021-04-15
Genre: History
ISBN: 1108960448

Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.