Comparing Law PDF Download

Author: Catherine Valcke
Publisher: Cambridge University Press
ISBN: 1108470068
Category : Law
Languages : en
Pages : 245

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Book Description
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: Alan Watson
Publisher: University of Georgia Press
ISBN: 0820312614
Category : Law
Languages : en
Pages : 353

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Book Description
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: Michael J. Bazyler
Publisher: Carolina Academic Press LLC
ISBN: 9781531007850
Category : Comparative law
Languages : en
Pages : 888

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Book Description
"Global Legal Traditions: Comparative Law for the 21st Century explores four legal traditions from around the world, both Western (German civil law and English common law) and non-Western (Chinese law and Islamic law). The book opens by focusing on European-based civil law, represented by German law, before moving on to the common law legal tradition seen in English law. Some comparative law casebooks and study guides stop with Western law but Global Legal Traditions continues by turning to the study of a secular non-European legal tradition by examining Chinese law, or more specifically the law of the People's Republic of China. The book's final section covers the non-state, religion-based legal tradition found in Islamic law, both in its pre-state form and how Islamic law manifests itself within the confines of sovereign state powers. Each part contains seven chapters intended to enable students to draw comparisons and make distinctions between the legal traditions under review. Each part includes five chapters covering common topics: history and development of the legal tradition; political process; judicial process; legal actors and legal education; and civil law. The remaining two chapters for each part focus on a legal subject most relevant to that legal tradition"--

Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681

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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Author: Vivian Grosswald Curran
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 158

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Book Description
Comparative Law: An Introduction explores the position and nature of comparative law in a world in which contacts among different countries and cultures are increasing at an ever more rapid pace. Curran discusses the various goals of comparative legal analysis, including the problems of language and translation--problems that operate on a multitude of levels, endangering, limiting, and defining mutual understanding. The book explores the meaning of comparing; comparison's fundamental role in cognition; and its potentials for use in legal analysis beyond the field of comparative law. It spans topics such as comparative law's ability to challenge and debunk entrenched assumptions; the role of history and culture in forming the legal establishment's optic; and issues of validity and verifiability concerning the findings of comparative legal analysis. Comparative Law: An Introduction is designed to open the reader's mind to the complexities of comparative law, to present helpful ideas for engaging in comparative legal analysis, and to suggest the great adventures of the mind that await and reward comparatists. This book is part of the Comparative Law Series, edited by Michael L. Corrado, Arch T. Allen Distinguished Professor of Law, UNC School of Law. "Teachers of comparative law should take a look at this book." -- Bimonthly Review of Law Books, September/October 2002

Author: Mathias Siems
Publisher: Law in Context
ISBN: 1107182417
Category : Law
Languages : en
Pages : 531

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Book Description
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.

Author: Sean Patrick Donlan
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 135

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Book Description
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.

Author: Michele Graziadei
Publisher: Edward Elgar Publishing
ISBN: 1785369164
Category : Law
Languages : en
Pages : 520

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Book Description
Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.

Author: P. G. Monateri
Publisher: Edward Elgar Publishing
ISBN: 1781005117
Category : Law
Languages : en
Pages : 339

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Book Description
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.

Author: Alan Watson
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 338

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Book Description
The third edition of Comparative Law: Law, Reality and Society does not deal with conventional comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain why they are as they are, and how they came to be. The author does not accept that to a great extent law reflects society or the power of the ruling elite. Chapter one serves as both introduction and conclusions. The conclusions are: 1) Governments and rulers are not much interested in developing law, especially not private law, but leave this to others to whom they do not grant power to make law; 2) Even famous lawmakers are seldom interested in a particular social issue in law or in giving law certainty; 3) Borrowing, even mindless, is the name of the legal game. Chapters range from grand legislation (the Ten Commandments and Napoleon's code civil) to unrecognized law in action and daily life (Jesus and the Samaritan woman, Jesus and the adulteress, the claim that Julius Caesar descended from a slave). Other chapters deal with judges' passivity in giving needlessly a judgment they claimed was unjust, to deciding against the judge's own theoretical and practical position (Somerset's Case). Likewise stressed is the difficulty of developing law fit for the society, and of understanding foreign legal thinking. The survival of law in different circumstances for centuries and also in a different place is emphasized. The chapters are separate entities, and the author claims that each must stand on its own merits, but he insists that if each is plausible, then together they present a very different approach to law in society from those habitually offered. About the author: Alan Watson, Professor of Law at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion.