Negative Comparative Law
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Negative Comparative Law
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Author : Pierre Legrand
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-09
Negative Comparative Law written by Pierre Legrand 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 2022-06-09 with Law categories.
A critical manifesto making the case for a radically alternative approach to the theory and practice of comparative law.
The Ways Of Negative Comparative Law
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Author : Pierre Legrand
language : en
Publisher:
Release Date : 2025
The Ways Of Negative Comparative Law written by Pierre Legrand and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025 with Law categories.
"This book's essays want to provide the intellectually-sophisticated and ethically-sensitive comparatist with the equipment that will stand comparison in optimal epistemic stead as one embarks upon the journey of elicitation and inscription towards foreign law. Negative comparative law argues that foreign law materializes as a cultural statement: every foreign law-text is encultured. And it holds that every comparatist is encultured, too: one is a socialized individual and institutionalized jurist. This double enculturation generates the comparatist's double bind: how to account for a foreign law being 'framed' within a cultural fabric even as one comes to foreign law having oneself been 'framed' within another, different culture? One must adopt a realistic stance: understanding of foreign law as it exists is impossible. Foreignness lies beyond description or representation. But such intractability is not disqualifying, the abiding idea being to compare nonetheless, to compare on, if within the unlimited sway of the limit. This book will benefit all law teachers and postgraduate law students interested in the workings of law on the international scene, whether specialists in comparative law, public international law, private international law, transnational law, or foreign relations law - in particular, individuals bringing to bear a critical inclination to their subject-matter"--
Negative Comparative Law
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Author : Pierre Legrand
language : en
Publisher: Routledge
Release Date : 2018-05-01
Negative Comparative Law written by Pierre Legrand and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-01 with categories.
Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal, and in particular its claim to the normative relevance of foreign law locally: for example, in the formulation of statutory choices, judicial opinions or scholarly views. Through interactions across borders have been proliferating, the comparatist's case for the foreign suffers from a persistent failure of institutional credibility, so that references to the laws of other countries remain distrusted. Holding comparative law's travails to be largely self-inflicted - an account of the impoverished world-view its orthodoxy has been maintaining - the twelve essays at hand deprive the field of its epistemic indigences. They invite it to engage in comparison otherwise: an heteronomic strategy sophisticatedly attuned to the place of otherness-in-the-law. As they release their interruptive consequences to generate a necessary theoretical crisis, the writings assembled in this volume draw on twenty years of incisive and authoritative scholarship harnessing the philosophical insights of Adorno and Derrida or Heidegger and Gadamer. The agonistic critique informing this work prompts the examination of pre-eminent topics like difference and dissemination, understanding and translatability, objectivity and truth, tracing and invention. In imparting radical and discerning intellectual equipment, Negative Comparative Law stands for a strong valorization of the legally foreign.
The Oxford Handbook Of Comparative Law
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Author : Mathias Reimann
language : en
Publisher: Oxford University Press
Release Date : 2019-03-26
The Oxford Handbook Of Comparative Law written by Mathias Reimann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-26 with Law categories.
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.
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 Cambridge Handbook Of Comparative Law
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Author : Mathias Siems
language : en
Publisher: Cambridge University Press
Release Date : 2024-02-01
The Cambridge Handbook Of Comparative Law written by Mathias Siems 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 2024-02-01 with Law categories.
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
The Grand Strategy Of Comparative Law
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Author : Luca Siliquini-Cinelli
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-19
The Grand Strategy Of Comparative Law written by Luca Siliquini-Cinelli and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-19 with Law categories.
This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri. Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice. Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.
A Research Agenda For Comparative Law
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Author : Jaakko Husa
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-09-06
A Research Agenda For Comparative Law written by Jaakko Husa 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 2024-09-06 with Law categories.
This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline.
The International Law Of Sovereign Debt Dispute Settlement
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Author : Kei Nakajima
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-22
The International Law Of Sovereign Debt Dispute Settlement written by Kei Nakajima 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 2022-09-22 with Law categories.
The first two decades of the twenty-first century witnessed a series of large-scale sovereign defaults and debt restructurings, in which sovereigns struggled to negotiate with recalcitrant bondholders, particularly hedge funds. Also, the outbreak of the COVID-19 pandemic in 2020 heralded a bleak financial outlook for many developing and emerging market countries, requiring sovereign debt restructuring in times of great macroeconomic uncertainty. Given the absence of a multilateral mechanism for sovereign debt restructuring equivalent to domestic corporate bankruptcy system, however, defaulted sovereigns often suffer from holdout litigation wrought by bondholders. This book proposes ways in which such legal actions could be regulated without the undue expense of bondholders' remedies by exploring the mechanism of balancing bondholder protection and respect for sovereign debt restructuring at various stages of litigation and arbitration proceedings.
Sustainable Development International Law And A Turn To African Legal Cosmologies
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Author : Godwin Eli Kwadzo Dzah
language : en
Publisher:
Release Date : 2024-02-02
Sustainable Development International Law And A Turn To African Legal Cosmologies written by Godwin Eli Kwadzo Dzah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-02 with Law categories.
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.