Reasons And Context In Comparative Law
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Author | : Werner F. Menski |
Publisher | : Cambridge University Press |
Total Pages | : 565 |
Release | : 2006-03-30 |
Genre | : Law |
ISBN | : 1139452711 |
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.
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 | : Peter De Cruz |
Publisher | : Taylor & Francis |
Total Pages | : 525 |
Release | : 2024-11-01 |
Genre | : Law |
ISBN | : 104027899X |
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.
Author | : Mauro Bussani |
Publisher | : Cambridge University Press |
Total Pages | : 423 |
Release | : 2012-08-16 |
Genre | : Business & Economics |
ISBN | : 0521895707 |
The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.
Author | : Alan Watson |
Publisher | : University of Georgia Press |
Total Pages | : 353 |
Release | : 1991 |
Genre | : Law |
ISBN | : 0820312614 |
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.
Author | : Alan Watson |
Publisher | : University of Georgia Press |
Total Pages | : 238 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9780820321615 |
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.
Author | : Geoffrey Samuel |
Publisher | : Bloomsbury Publishing |
Total Pages | : 230 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 1849467552 |
This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.
Author | : Dr Lukas Heckendorn Urscheler |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 422 |
Release | : 2014-10-28 |
Genre | : Law |
ISBN | : 1472401549 |
Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ‘governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.
Author | : Catherine Valcke |
Publisher | : Cambridge University Press |
Total Pages | : 245 |
Release | : 2018-10-25 |
Genre | : Law |
ISBN | : 1108470068 |
Reconstructs existing comparative law scholarship into a coherent analytic framework so as to both fend off current charges of theoretical arbitrariness and guide future work.
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.