Justice Between Simplification And Formalism
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Justice Between Simplification And Formalism
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Author : Christoph Kern
language : en
Publisher: Mohr Siebeck
Release Date : 2007
Justice Between Simplification And Formalism written by Christoph Kern and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
A recent study in the field of comparative economics (or, more precisely, numerical comparative law) constructed an index of procedural formalism of dispute resolution for more than 100 countries and analyzed the relationship between procedural formalism and certain aspects of quality of the judicial systems. The study's results suggest a strong relationship between legal origins, formalism, and the quality of dispute resolution. Not surprisingly, the study closes with a recommendation for reform. What makes this study so important is not only its findings, backed by an amount of data which seems to be a guarantee for the study's universal validity, but also the financial support of the World Bank - an indicator of the Bank's interest in these questions. Similar studies in the area of banking, securities, and corporate law have received much attention from the legal community. However, for the recent study on civil procedure, this is not the case. Christoph Kern provides a first critical approach to the study from the perspective of a legal scholar. He does not suggest a mere re-coding, but focuses on the methodology and the underlying legal questions. After an extensive discussion of the input to the study, the author turns to the way the study combines the data and, in particular, how it interprets the results. He concludes that the study leaves a mixed impression and that, therefore, doubts remain as to its results and interpretation.
Civil Case Management In The Twenty First Century Court Structures Still Matter
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Author : Peter C.H. Chan
language : en
Publisher: Springer Nature
Release Date : 2021-02-15
Civil Case Management In The Twenty First Century Court Structures Still Matter written by Peter C.H. Chan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-15 with Law categories.
The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.
Research Methods In Private International Law
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Author : Xandra Kramer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-05-02
Research Methods In Private International Law written by Xandra Kramer 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 2024-05-02 with Law categories.
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.
Courts And Comparative Law
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Author : Mads Andenas
language : en
Publisher: OUP Oxford
Release Date : 2015-07-30
Courts And Comparative Law written by Mads Andenas and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-30 with Law categories.
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
Legal Theory And Interpretation In A Dynamic Society
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Author : Alexander Bruns
language : en
Publisher: Nomos Verlag
Release Date : 2021-07-02
Legal Theory And Interpretation In A Dynamic Society written by Alexander Bruns and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-02 with Law categories.
Der Band versammelt Beiträge, die anlässlich des 7. Seoul-Freiburger Rechtswissenschaftlichen Symposiums im September 2019 in Seoul gehalten wurden. Die Zusammenarbeit und der akademische Austausch zwischen den juristischen Fakultäten der Seoul National University (SNU) und der Albert-Ludwigs-Universität Freiburg hat eine alte und wertvolle Tradition der engen Beziehungen zwischen dem koreanischen und dem deutschen Recht lebendig gehalten. Das 7. Symposium war dem Thema "Rechtstheorie und -auslegung in einer dynamischen Gesellschaft" gewidmet und deckte ein breites Spektrum an Themen ab, die in sechs Sektionen unterteilt waren: I. Rechtstheorie und -auslegung, II. Unternehmensrecht, III. Internationales Privatrecht und Zivilprozessrecht, IV. Recht der künstlichen Intelligenz, Eigentumsrecht und Strafrecht. V. Vertragsrecht, und VI. das Verhältnis von supranationalem und innerstaatlichem Verfassungsrecht. Die meisten der auf dem Symposium gehaltenen Vorträge sind in diesem Band versammelt.
Comparative Law
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Author : Mathias Siems
language : en
Publisher: Law in Context
Release Date : 2018-04-12
Comparative Law written by Mathias Siems and has been published by Law in Context this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-12 with Law categories.
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
The Modern Civil Process
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Author : Neil Andrews
language : en
Publisher: Mohr Siebeck
Release Date : 2008
The Modern Civil Process written by Neil Andrews and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Examines court proceedings, as well as settlement, mediation and arbitraton.
On Judicial Management From Comparative Perspective
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Author : Loic Cadiet
language : en
Publisher: Springer Nature
Release Date : 2023-10-16
On Judicial Management From Comparative Perspective written by Loic Cadiet and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-16 with Law categories.
This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.
Judicial Cosmopolitanism
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Author : Giuseppe Franco Ferrari
language : en
Publisher: BRILL
Release Date : 2019-09-24
Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-24 with Law categories.
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Fiction And The Languages Of Law
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Author : Karen Petroski
language : en
Publisher: Routledge
Release Date : 2018-10-10
Fiction And The Languages Of Law written by Karen Petroski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-10 with Language Arts & Disciplines categories.
Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.