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| Author | : David Nelken |
| Publisher | : Routledge |
| Total Pages | : 421 |
| Release | : 2017-03-02 |
| Genre | : Law |
| ISBN | : 1351949969 |
This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.
| Author | : Sören Koch |
| Publisher | : |
| Total Pages | : 804 |
| Release | : 2020-08-10 |
| Genre | : |
| ISBN | : 9788245033946 |
In the present era of internationalisation of law, being able to analyse legal culture enables legal cooperation. However, legal culture is still more a theoretical concept than an analytical tool applied when approaching law. There are many kinds of legal cultures, concerning different groups of legal actors or covering different geographical areas, and they are at times overlapping. However, the national legal culture is still the one that has the largest influence on the everyday life of citizens and the day-to-day work of lawyers. In this book, the editors first theorize on and give practical guidance on how to identify, deconstruct and examine legal culture. Based on a common analytical framework, the editors and a large number of expert contributors explore central institutional and intellectual features of legal culture in 12 European countries next to USA, China and Australia allowing the reader to systematically compare legal cultures.This is the second and extended version of Comparing Legal Cultures, which is the first thorough and extensive book that analyses national legal cultures as an approach to comparative law.
| Author | : George Mousourakis |
| Publisher | : Springer Nature |
| Total Pages | : 323 |
| Release | : 2019-11-01 |
| Genre | : Law |
| ISBN | : 3030282813 |
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 | : Serge Dauchy |
| Publisher | : Springer |
| Total Pages | : 586 |
| Release | : 2016-12-01 |
| Genre | : Law |
| ISBN | : 3319455672 |
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.
| Author | : Mathias Siems |
| Publisher | : Law in Context |
| Total Pages | : 531 |
| Release | : 2018-04-12 |
| Genre | : Law |
| ISBN | : 1107182417 |
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
| Author | : James A.R. Nafziger |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 1084 |
| Release | : 2017-12-29 |
| Genre | : Law |
| ISBN | : 1781955182 |
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
| Author | : Maurice Adams |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 511 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782254935 |
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 | : S.I. Strong |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 721 |
| Release | : 2016-11-25 |
| Genre | : Foreign Language Study |
| ISBN | : 1849807876 |
Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.
| Author | : James A. R. Nafziger |
| Publisher | : Cambridge University Press |
| Total Pages | : 1041 |
| Release | : 2010-11 |
| Genre | : Law |
| ISBN | : 0521865506 |
A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.
| Author | : P. G. Monateri |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 339 |
| Release | : 2012-01-01 |
| Genre | : Law |
| ISBN | : 1781005117 |
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.
