Practice And Theory In Comparative Law

Author: Maurice Adams
Editor: Cambridge University Press
ISBN: 113953646X
Size: 11,79 MB
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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.

Unification And Comparative Law In Theory And Practice

Author:
Editor: Kluwer Law International
ISBN: 9789065441737
Size: 11,72 MB
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Examining Practice Interrogating Theory

Author: Penelope (Pip). Nicholson
Editor: BRILL
ISBN: 9004165185
Size: 19,84 MB
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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.

Methods Of Comparative Law

Author: P. G. Monateri
Editor: Edward Elgar Publishing
ISBN: 1781005117
Size: 19,46 MB
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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.

Human Rights And The Refugee Definition

Author: David James Cantor
Editor: Brill - Nijhoff
ISBN: 9789004288584
Size: 10,14 MB
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In "Human Rights and the Refugee Definition," Burson and Cantor bring together over a dozen contributions that add a fine-grained comparative perspective to the debate on whether, or how, interpretation of the refugee definition should take account of human rights law.

Human Rights And The Refugee Definition

Author: Bruce Burson
Editor: BRILL
ISBN: 9004288597
Size: 11,83 MB
Format: PDF
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In Human Rights and the Refugee Definition, Burson and Cantor bring together over a dozen contributions that add a fine-grained comparative perspective to the debate on whether, or how, interpretation of the refugee definition should take account of human rights law.

Comparative Law And Anthropology

Author: James A.R. Nafziger
Editor: Edward Elgar Publishing
ISBN: 1781955182
Size: 15,22 MB
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The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.

Defamation

Author: Andrew Kenyon
Editor: CRC Press
ISBN: 1136791574
Size: 15,79 MB
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Defamation: Comparative Law and Practice offers a timely and original investigation into defamation law and litigation practice in England, Australia and the United States, combining close legal analysis and extensive empirical research to examine central aspects of defamation law. This groundbreaking contribution to legal knowledge will be useful to researchers, academics, students and practitioners working in media and communications law. It will enable lawyers outside the US to make more informed use of US law and commentary and it sets out, in an accessible manner, the intricacies of English and Australian defamation law and practice for US legal readers.

An Introduction To Comparative Law Theory And Method

Author: Geoffrey Samuel
Editor: Bloomsbury Publishing
ISBN: 1849467552
Size: 12,28 MB
Format: PDF
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This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.

Epistemology And Methodology Of Comparative Law

Author: Mark Van Hoecke
Editor: Bloomsbury Publishing
ISBN: 1847311245
Size: 18,57 MB
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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.