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| Author | : Joseph Dainow |
| Publisher | : |
| Total Pages | : 350 |
| Release | : 1974-01-01 |
| Genre | : Civil law |
| ISBN | : 9780807100806 |
Under the auspices of the Louisiana State University Law School, Institute of Civil Law Studies and the Bailey lecture series.
| Author | : Vernon Valentine Palmer |
| Publisher | : Cambridge University Press |
| Total Pages | : 727 |
| Release | : 2012-06-28 |
| Genre | : Law |
| ISBN | : 1139510355 |
This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.
| Author | : Yaëll Emerich |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 338 |
| Release | : 2018-11-30 |
| Genre | : Law |
| ISBN | : 1788111842 |
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
| Author | : David J. Bederman |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2010-08-16 |
| Genre | : Law |
| ISBN | : 1139493663 |
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
| Author | : Helge Dedek |
| Publisher | : Cambridge University Press |
| Total Pages | : 325 |
| Release | : 2021-12-16 |
| Genre | : Law |
| ISBN | : 1108841724 |
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
| Author | : Vernon V. Palmer |
| Publisher | : Cambridge University Press |
| Total Pages | : 520 |
| Release | : 2001-05-03 |
| Genre | : Law |
| ISBN | : 9780521781541 |
Approximately 150 million people worldwide live in legal systems in which there is both a common law and a civil law content, yet there has been little comparative study of the experience of these 'mixed jurisdictions'. Here, the author considers these jurisdictions in a comparative framework, which includes their founding and raisons d'être, as well as the cultural divisions of the jurists and the evolutionary tendencies of their common and civil law components. In addition, he examines the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. The book argues that the legal systems of such far-flung and diverse cultures as the Philippines, Quebec, Scotland and South Africa have many unique and fruitful points of comparison. The conclusion is that these mixed jurisdictions form a closely related 'Third Legal Family' with cohesive traits and tendencies.
| Author | : William E Butler |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 325 |
| Release | : 1980-02 |
| Genre | : Law |
| ISBN | : 9004642455 |
| Author | : Daniel P. Kessler |
| Publisher | : University of Chicago Press |
| Total Pages | : 344 |
| Release | : 2011-02 |
| Genre | : Business & Economics |
| ISBN | : 0226432181 |
The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
| Author | : Andrew Burrows |
| Publisher | : |
| Total Pages | : 748 |
| Release | : 2013-06-20 |
| Genre | : Law |
| ISBN | : 0199677344 |
Collecting together 47 essays from colleagues and friends of Lord Rodger of Earlsferry, this book commemorates his work and contribution to law and legal scholarship, including his role as a judge of the UK Supreme Court and his interests in Roman law, Scots law, and legal history.
| Author | : |
| Publisher | : OUP Oxford |
| Total Pages | : 1093 |
| Release | : 2009-01-22 |
| Genre | : Law |
| ISBN | : 0191553441 |
The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
