Comparative Law In Practice
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Practice And Theory In Comparative Law
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Author : Maurice Adams
language : en
Publisher: Cambridge University Press
Release Date : 2012-07-05
Practice And Theory In Comparative Law written by Maurice Adams and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-05 with Law categories.
What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.
Comparative Law In Practice
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Author : Duncan Fairgrieve
language : en
Publisher: Hart Publishing
Release Date : 2016
Comparative Law In Practice written by Duncan Fairgrieve and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Contracts categories.
Introduction -- A mid-channel jurisdiction : Jersey as a mixed legal system -- Basic principles of contract law from a comparative perspective -- The formation of a contract -- Undermining a contract : vices de consentement -- Effects of contracts -- Comparing remedies -- Comparative law lessons and reform issues
Scholarship Practice And Education In Comparative Law
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Author : John H. Farrar
language : en
Publisher: Springer Nature
Release Date : 2019-10-03
Scholarship Practice And Education In Comparative Law written by John H. Farrar and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with Law categories.
This book examines how law functions in a multitude of facets and dimensions. The contributions shed light on the study of comparative law in legal scholarship, the relevance of comparative law in legal practice, and the importance of comparative law in legal education. The book will particularly appeal to those engaged in the teaching and scholarship of comparative law, and those seeking to uncover the various significant dimensions of the workings of law. The book is organised in three parts. Part I addresses scholarship, with contributors examining comparative legal issues as critique and from a theoretical framework. Part II outlines practice, with contributors discussing the function of comparative law in such comparatively diverse areas as international arbitration, environment, and the rule of law. Part III appraises comparative law in education.
Examining Practice Interrogating Theory
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Author : Penelope (Pip). Nicholson
language : en
Publisher: BRILL
Release Date : 2008
Examining Practice Interrogating Theory written by Penelope (Pip). Nicholson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.
Epistemology And Methodology Of Comparative Law
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Author : Mark Van Hoecke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-06-01
Epistemology And Methodology Of Comparative Law written by Mark Van Hoecke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-06-01 with Law categories.
Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.
Comparative Law
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Author : FERNANDA G.. FRANKENBERG NICOLA (GUNTER.)
language : en
Publisher:
Release Date : 2024-09-28
Comparative Law written by FERNANDA G.. FRANKENBERG NICOLA (GUNTER.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-28 with Law categories.
This book provides a practical introductory guide to comparative law. Fernanda G. Nicola and Günter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects. Comparative Law begins by outlining the theory and methodology of this critical legal practice. Chapters present real-world problems that the law faces in eight specific fields: property (informal property), contracts (specific performance), tort (wrongful birth), family law (same-sex marriage), administrative law (COVID-19 measures), constitutional law (veiling), legal transfers (gun control), and legal histories (indigenous property claims). Whilst examining various approaches to legal comparison, Nicola and Frankenberg crucially recognise how legal knowledge can be perpetually reconstructed, abstracted and re-contextualised in diverse settings across space and time. Pairing real-world contemporary examples with established legal principles and practices, this book is an essential resource for teachers and students of comparative law and legal anthropology. Its practical case application will also be of interest to political scientists and journalists engaged in international legal regimes, problems and solutions.
Mentoring Comparative Lawyers Methods Times And Places
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Author : Francesca Fiorentini
language : en
Publisher: Springer Nature
Release Date : 2019-11-22
Mentoring Comparative Lawyers Methods Times And Places written by Francesca Fiorentini and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-22 with Law categories.
This volume features papers written in honor of Mauro Bussani, and celebrates the work and contributions of this renowned scholar of comparative law. The content reflects the various theoretical and practical areas in which he has already left a lasting mark. The essays explore the theory and practice of comparative law in different areas and contexts, and highlight innovative approaches to a large variety of hot-topic private and public law subjects. The authors include young scholars, lawyers, legal consultants, human rights activists, and practitioners, all of whom Professor Bussani has trained, supervised, and supported throughout their careers. The contributions emphasize the many ways in which Professor Bussani’s teaching and scientific output have enriched, revolutionized, and challenged both theory and practice. They cover e.g. the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.
Comparative Reasoning In International Courts And Tribunals
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Author : Daniel Peat
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-13
Comparative Reasoning In International Courts And Tribunals written by Daniel Peat and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Comparative Law For Spanish English Speaking Lawyers
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Author : S.I. Strong
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-11-25
Comparative Law For Spanish English Speaking Lawyers written by S.I. Strong and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Law categories.
Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.
Financial Advice And Investor Protection
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Author : Booysen, Sandra
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-07
Financial Advice And Investor Protection written by Booysen, Sandra and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-07 with Law categories.
This comprehensive book offers a rigorous analysis of the legal debates, approaches and practice-related issues surrounding financial advice and investor protection. Despite widespread recognition of the importance of financial inclusion more broadly construed, recent financial crises have highlighted deficits in retail investor protection – this book informs the development of robust yet adaptable frameworks to protect investors, including effective enforcement and dispute resolution.