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The Method and Culture of Comparative Law

The Method and Culture of Comparative Law Author Maurice Adams
ISBN-10 9781782254935
Release 2014-12-01
Pages 328
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Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jà ̧rn à ̃yrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.



Comparative Law

Comparative Law Author Mathias Siems
ISBN-10 9781316865453
Release 2018-04-12
Pages
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Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.



Courts and Comparative Law

Courts and Comparative Law Author Mads Andenas
ISBN-10 9780191059049
Release 2015-07-30
Pages 730
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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.



Corporations

Corporations Author Marco Ventoruzzo
ISBN-10 1683280970
Release 2016-12-31
Pages
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Corporations has been writing in one form or another for most of life. You can find so many inspiration from Corporations also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Corporations book for free.



Engaging with Foreign Law

Engaging with Foreign Law Author Basil S Markesinis
ISBN-10 9781847314970
Release 2009-03-30
Pages 464
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This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.



Rethinking Legal Scholarship

Rethinking Legal Scholarship Author Rob van Gestel
ISBN-10 9781316760505
Release 2017-02-02
Pages
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Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?



The Constitutionalization of European Budgetary Constraints

The Constitutionalization of European Budgetary Constraints Author Maurice Adams
ISBN-10 9781782254195
Release 2014-12-01
Pages 430
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The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a 'golden rule', which is a detailed obligation that government budgets be balanced. Moreover, it required the 25 members of the EU which signed the Treaty in March 2012, to incorporate this 'golden rule' within their national Constitutions. This requirement represents a major and unprecedented development, raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project. This book analyses the new constitutional architecture of the European Economic and Monetary Union (EMU), examines in a comparative perspective the constitutionalization of budgetary rules in the legal systems of the Member States, and discusses the implications of these constitutional changes for the future of democracy and integration in the EU. By combining insights from law and economics, comparative institutional analysis and legal theory, the book offers a comprehensive survey of the constitutional incorporation of new fiscal and budgetary rules across Europe and a systematic normative discussion of the legitimacy issues at play. It thus contributes to a better understanding of the Euro-crisis, of the future of the EU, and the reforms needed towards a deeper and genuine EMU.



Methodologies of Legal Research

Methodologies of Legal Research Author Mark Van Hoecke
ISBN-10 9781847317803
Release 2011-02-28
Pages 310
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Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.



Epistemology and Methodology of Comparative Law

Epistemology and Methodology of Comparative Law Author Mark van Hoecke
ISBN-10 STANFORD:36105063669647
Release 2004
Pages 398
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Whereas many modern works on comparative law focus on various aspects of legal doctrine, the aim of this book is more theoretical - to reflect on comparative law as a scholarly discipline, and in particular its epistemology and methodology. It seeks answers to fundamental, scientific problems of comparative research.



Functional Approaches to Culture and Translation

Functional Approaches to Culture and Translation Author Dirk Delabastita
ISBN-10 9789027293220
Release 2006-10-31
Pages 226
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This volume contains a generous selection of articles on translation by Professor José Lambert (K.U. Leuven). It traces the intellectual itinerary of their author, who started out as a French and Comparative Literature scholar some four decades ago trying to get a better grip on the problem of inter-literary contacts, and who soon became a key figure in the emergent discipline of Translation Studies, where he is widely known as an indefatigable promoter of descriptively oriented research. This collection shows how José Lambert has never stopped asking new questions about the crucial but often hidden role of language and translation in the world of today. It includes some of the author’s classic papers as well as a few lesser known ones that deserve wider circulation. The editors’ introduction and the bibliography complete this thought-provoking survey of the career of one of the most creative researchers in the field.



Comparative Legal Cultures

Comparative Legal Cultures Author Csaba Varga
ISBN-10 9632773373
Release 2012
Pages 253
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Comparative Legal Cultures has been writing in one form or another for most of life. You can find so many inspiration from Comparative Legal Cultures also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Comparative Legal Cultures book for free.



Judging Europe s Judges

Judging Europe   s Judges Author Maurice Adams
ISBN-10 9781782252313
Release 2014-07-18
Pages 272
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After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.



Elgar Encyclopedia of Comparative Law Second Edition

Elgar Encyclopedia of Comparative Law  Second Edition Author J. M. Smits
ISBN-10 9781781006108
Release 2012-01-01
Pages 1000
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Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.



AI Approaches to the Complexity of Legal Systems

AI Approaches to the Complexity of Legal Systems Author Pompeu Casanovas
ISBN-10 9783642165238
Release 2010-10-21
Pages 243
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AI Approaches to the Complexity of Legal Systems has been writing in one form or another for most of life. You can find so many inspiration from AI Approaches to the Complexity of Legal Systems also informative, and entertaining. Click DOWNLOAD or Read Online button to get full AI Approaches to the Complexity of Legal Systems book for free.



Connecting Grammaticalisation

Connecting Grammaticalisation Author Jens Nørgård-Sørensen
ISBN-10 9789027284136
Release 2011-12-21
Pages 347
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This monograph presents a view on grammaticalisation radically different from standard views centering around the cline of grammaticality. Grammar is seen as a complex sign system, and, as a consequence, grammatical change always comprises semantic change. What unites morphology, topology (word order), constructional syntax and other grammatical subsystems is their paradigmatic organisation. The traditional concept of an inflexional paradigm is generalised as the structuring principle of grammar. Grammatical change involves paradigmatic restructuring, and in the process of grammatical change morphological, topological and constructional paradigms often connect to form complex paradigms. The book introduces the concept of connecting grammaticalisation to describe the formation, restructuring and dismantling of such complex paradigms. Drawing primarily on data from Germanic, Romance and Slavic languages, the book offers both a broad general discussion of theoretical issues (part one) and three case studies (part two).



Comparative Tax Law

Comparative Tax Law Author Victor Thuronyi
ISBN-10 9789041199232
Release 2003
Pages 373
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Although the details of tax law are literally endless, differing not only from jurisdiction to jurisdiction but from day to day, shared structures and currents exist across tax systems that can be learned and understood with relative ease. This book focuses on these essential patterns. Focusing on the key differences in tax systems, Thuronyi's "Comparative Tax Law" pulls together valuable material which at present is scattered over a disparate literature, much of which is not available in English. The author's clear identification of the underlying currents and fundamental structures that all tax systems have in common, and of where the differences lie, guides the reader to the best resources and provides a solid foundation for understanding the more detailed literature. Pointed questions for research throughout the presentation are of enormous help in this regard, as are numerous footnotes and an extensive bibliography.



The Logic of Legal Requirements

The Logic of Legal Requirements Author Jordi Ferrer Beltrán
ISBN-10 9780191637681
Release 2012-09-13
Pages 434
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When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated. This collection gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years. The book is divided into four parts. The first section is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law. Section 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, section 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.