Legal Scholarship as a Source of Law
Author | : Fábio Perin Shecaira |
Publisher | : Springer Nature |
Total Pages | : 168 |
Release | : |
Genre | : |
ISBN | : 3031603699 |
Download Legal Scholarship In The Common Law World full books in PDF, epub, and Kindle. Read online free Legal Scholarship In The Common Law World ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Fábio Perin Shecaira |
Publisher | : Springer Nature |
Total Pages | : 168 |
Release | : |
Genre | : |
ISBN | : 3031603699 |
Author | : Vernon Valentine Palmer |
Publisher | : Routledge |
Total Pages | : 319 |
Release | : 2016-07-22 |
Genre | : Law |
ISBN | : 1317095383 |
Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.
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 | : George P. Fletcher |
Publisher | : |
Total Pages | : 700 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780195167238 |
Resource added for the Paralegal program 101101.
Author | : Rossana Deplano |
Publisher | : Edward Elgar Publishing |
Total Pages | : 215 |
Release | : 2019-12-27 |
Genre | : Law |
ISBN | : 1788976371 |
This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.
Author | : Martha Simo Tumnde |
Publisher | : GMB Publishing, Limited |
Total Pages | : 192 |
Release | : 2009 |
Genre | : Commercial law |
ISBN | : |
The Organization for Harmonization in Africa of Business Laws (OHADA) system has been adopted by 17 West African nations in order to increase their attractiveness to foreign investors and business partners. This book introduces OHADA laws to common-law trained, English-speaking jurists with clients in West or Central Africa.
Author | : Lianne J. M. Boer |
Publisher | : Cambridge University Press |
Total Pages | : 249 |
Release | : 2021-10-14 |
Genre | : Law |
ISBN | : 1108484832 |
Explores the role of international legal scholars in the construction of legal knowledge, looking at examples from the cyberwar debate.
Author | : Eve Darian-Smith |
Publisher | : Cambridge University Press |
Total Pages | : 433 |
Release | : 2013-01-31 |
Genre | : Law |
ISBN | : 0521113784 |
This text promotes a more global sociolegal perspective that engages with multiple laws and societies and diverse sociolegal systems based on very different historical and cultural traditions, interacting on multiple local, national, and global levels. The approach to global legal pluralism seeks to provide a framework for envisioning new global governance regimes that move beyond state-based solutions to deal with trenchant transnational challenges.
Author | : Åsa Gunnarsson |
Publisher | : Routledge |
Total Pages | : 245 |
Release | : 2016-04-22 |
Genre | : Law |
ISBN | : 1317137655 |
Moving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.
Author | : John Azzolini |
Publisher | : Elsevier |
Total Pages | : 259 |
Release | : 2012-12-10 |
Genre | : Language Arts & Disciplines |
ISBN | : 1780633742 |
The legal information environment is deep, wide, and dynamic with many participants, including courts, parliaments, legislatures, and administrative bodies. None exemplifies the agile, knowledge-engaging legal player better than the law firm. Current, authoritative information is essential for the successful representation of clients. The firm's most dependable resource for retrieving information is its library staff. Law Firm Librarianship introduces the reader to the challenges, qualifications, and work conditions of this distinct type of research librarian. The book begins by asking what law firm librarianship is, whilst the second chapter focuses on the law firm and its culture. The third chapter covers the law firm library itself, including the practical aspects of the firm librarian's interaction with his or her professional environments. The next chapter considers the effects of legal publishing practices, and the penultimate section surveys the various research tools the firm librarian relies on for sound knowledge. The book concludes by looking at the dynamic qualities of law firm librarianship. - Offers an up-to-date overview from an experienced practitioner - Adds to the library literature by addressing a type of librarianship that usually receives little attention - Applies field knowledge about legal information trends that will inform related areas of inquiry