A Comparison Of English And French Law And Legal Procedure
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A Catalogue of the Law Collection at New York University
Author | : Julius J. Marke |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 1418 |
Release | : 1999 |
Genre | : Law |
ISBN | : 1886363919 |
Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.
The English Historical Review
Author | : Mandell Creighton |
Publisher | : |
Total Pages | : 656 |
Release | : 1923 |
Genre | : Electronic journals |
ISBN | : |
Improperly Obtained Evidence in Anglo-American and Continental Law
Author | : Dimitrios Giannoulopoulos |
Publisher | : Bloomsbury Publishing |
Total Pages | : 329 |
Release | : 2019-02-21 |
Genre | : Law |
ISBN | : 1509923241 |
This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely. Longlisted for the Inner Temple Book Prize 2022.
The Oxford Handbook of Comparative Law
Author | : Mathias Reimann |
Publisher | : Oxford University Press |
Total Pages | : 1593 |
Release | : 2019-03-26 |
Genre | : Law |
ISBN | : 0192565524 |
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.
An Introduction to Comparative Law Theory and Method
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.
Comparing Law
Author | : Catherine Valcke |
Publisher | : Cambridge University Press |
Total Pages | : 245 |
Release | : 2018-10-25 |
Genre | : Law |
ISBN | : 110863382X |
The enterprise of comparative law is familiar, yet its conceptual whereabouts remain somewhat obscure. Comparing Law: Comparative Law as Reconstruction of Collective Commitments reconstructs comparative law scholarship into a systematic account of comparative law as an autonomous academic discipline. The point of that discipline is neither to harmonize world law, nor to emphasize its cultural diversity, but rather to understand each legal system on its own terms. As the proposed reconstruction exercise involves bridging comparative law and contemporary legal theory, it shows how comparative law and legal theory both stand to benefit from being exposed to each other. At a time when many courses are adding a transnational perspective, Valcke offers a more theoretical, broadened, and refreshed view of comparative law.
Fair Trials
Author | : Sarah J Summers |
Publisher | : Bloomsbury Publishing |
Total Pages | : 208 |
Release | : 2007-08-10 |
Genre | : Law |
ISBN | : 1847313752 |
The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan) and R v DPP ex p Kebilene. In determining the scope of the right, we now increasingly look to the ECHR, but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence. This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected the European tradition, the jurisprudence has nevertheless been influenced, albeit unconsciously, by the institutional principles developed in the nineteenth century.
Comparative Law
Author | : Mathias Siems |
Publisher | : Cambridge University Press |
Total Pages | : 591 |
Release | : 2022-03-24 |
Genre | : Law |
ISBN | : 110884085X |
Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.