Comparative Law in a Global Context

The Legal Systems of Asia and Africa

Author: Werner F. Menski

Publisher: Cambridge University Press

ISBN: 1139452711

Category: Law

Page: N.A

View: 7527

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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Comparative Law in Global Perspective

Essays in Celebration of the Fiftieth Anniversary of the Founding of the SOAS Law Department

Author: Ian Edge

Publisher: Martinus Nijhoff

ISBN: N.A

Category: Law

Page: 433

View: 8713

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The essays in this volume offer global perspectives on crucial contemporary issues such as economic development, the persistence of customary law, offshore" jurisdictions, family law and succession, land tenure, the forging of national constitutions, human rights violations, and the treatment of ethnic minorities. They portray the laws of Asian and African countries as equal manifestations of legal culture in a shrinking world. Rendering Asian and African legal systems and traditions in an accessible form to a non-Asian and non-African audience, this volume will sharpen the sensitivity of academics and practitioners everywhere. A special classroom adoption price is available. Published under the Transnational Publishers imprint."

Commercial Law in a Global Context:Some Perspectives in Anglo-Japanese Law

Author: Yutaka Tajima,Fiona Macmillan

Publisher: Kluwer Law International B.V.

ISBN: 9041107096

Category: Law

Page: 246

View: 4469

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This unique work consists of a selection of key papers presented at the first Anglo-Japanese Comparative Law Conference, held at Jesus College, Cambridge in September 1996. The conference was organised under the auspices of the Institute of Advanced Legal Studies, University of London; the University of Tsukuba, Japan; and Murdoch University in Australia. The conference brought together a number of leading business lawyers from around the world, who discussed the impact of globalisation on commercial law. If trhe internalisation of trade and business has produced problems for lawyers, the impact of globalisation, particularly in such areas as the capital markets, has proved to be even more problematic. The implications for all those who operate in the commercial and financial sectors, and for those who advise them, of developments in the nature and character of the markets are increasingly significant. The publication will be of particular interest to academics, those involved in trans-national business, and legal practitioners.

American Law in a Global Context

The Basics

Author: George P. Fletcher,Steve Sheppard

Publisher: Oxford University Press, USA

ISBN: 9780195167238

Category: Law

Page: 682

View: 3332

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Resource added for the Paralegal program 101101.

Pengarahan Menteri Transmigrasi dan Koperasi dalam Rapat Kerja Gubernur

Kepala Daerah Terbatas Daerah BIMAS pada tanggal 13 Desember 1972 tentang: kedudukan dan peranan BUUD/koperasi unit desa dalam BIMAS.

Author: Bob Hepple

Publisher: Cambridge University Press

ISBN: 9780521818810

Category: Business & Economics

Page: 273

View: 9813

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The active pursuit of social and labour rights is seen as a crucial response to globalization. These essays, written by leading scholars from the UK, Ireland, France, Germany, Italy, Japan and the USA, question the effectiveness of the rhetoric of rights such as those to decent work and security, equal opportunity, adequate food and housing, and healthcare. The authors examine emerging approaches in several European countries, Japan, and the USA and in codes of practice of multinational companies. Attempts by the International Labour Organization to promote core rights and decent work, and techniques of enforcement at regional level by the EU and NAFTA receive special attention.

Zivil- und Wirtschaftsrecht im Europäischen und Globalen Kontext / Private and Commercial Law in a European and Global Context

Festschrift für Norbert Horn zum 70. Geburtstag

Author: Klaus Peter Berger,Georg Borges,Harald Herrmann,Andreas Schlüter,Ulrich Wackerbarth

Publisher: Walter de Gruyter

ISBN: 3110915642

Category: Law

Page: 1354

View: 1495

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A top legal scholar is honored with this commemorative publication. He distinguishes himself through the enormous range of his academic interests and activities as well as through his mediator role between legal theory and practice. The contributions published in this commemorative work reflect the unusual range of Norbert Horn's work.

Comparative Law in a Changing World

Author: Peter De Cruz

Publisher: Routledge

ISBN: 185941432X

Category: Law

Page: 512

View: 7035

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A comprehensive and comparative analysis of the legal approach to common areas of substantive law, the law of obligations, commercial and corporate law within the major legal systems of the world. examines the origins of common law, civil law and socialist legal traditions as well as non-Western legal traditions.

Operating Law in a Global Context

Comparing, Combining and Prioritising

Author: Jean-Sylvestre Bergé,Geneviève Helleringer

Publisher: Edward Elgar Publishing

ISBN: 1785367331

Category: Electronic books

Page: 256

View: 2012

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Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book maps the analysis lawyers require when confronted by the operation of several laws in different contexts, and demonstrates how this enhances legal reasoning.

European Union Law in a Global Context

Text, Cases and Materials

Author: Trevor C. Hartley

Publisher: Cambridge University Press

ISBN: 9780521527309

Category: Law

Page: 434

View: 4591

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European Union Law in a Global Context is a comprehensive introduction to European law in its international context. Trevor Hartley provides an explanation of the basic principles of each topic covered. He examines the institutions of the EU and the law-making process; the European Court and international adjudication; EU law (and international law) in national courts; human rights, especially under EU law and the ECHR; the international relations of the EU; remedies under EU law; and the elements of the free movement of goods, persons and services. The coverage of the practical application of EU law in British courts will meet the requirements of those intending to become practitioners, and the inclusion of extracts from leading cases, as well as from the EC treaties and other instruments, ensures that everything the reader will need is contained in a single volume.

Rethinking the Masters of Comparative Law

Author: Annelise Riles

Publisher: Hart Publishing

ISBN: 1841132896

Category: Law

Page: 262

View: 8349

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Comparative Law is experiencing something of a renaissance,as legal scholars and practitioners traditionally outside the discipline find it newly relevant in projects such as constitution and code drafting, the harmonization of laws, court decisions, or as a tool for understanding the globalization of legal institutions. On the other hand, comparativists within the discipline find themselves asking questions about the identity of comparative law, what it is that makes comparative law unique as a discipline, what is the way forward. This book, designed with courses in comparative law as well as scholarly projects in mind, brings a new generation of comparativists together to reflect on the character of their discipline. It aims to incite curiosity and debate about contemporary issues within comparative law by bringing the discipline into conversation with debates in anthropology, literary and cultural studies, and critical theory. The book addresses questions such as what is the disciplinary identity of comparative law; how should we understand its relationship to colonialism, modernism, the Cold War, and other wider events that have shaped its history; what is its relationship to other projects of comparison in the arts, social sciences and humanities; and how has comparative law contributed at different times and in different parts of the world to projects of legal reform. Each of the essays frames its intervention around a close reading of the life and work of one formative character in the history of the discipline. Taken as a whole, the book offers a fresh and sophisticated picture of the discipline and its future. Contents: Montesquieu: the specter of despotism and the origins of comparative law (Robert Launay); Max Weber and the uncertainties of categorical comparative law (Ahmed White); Rethinking Hermann Kantorowicz: Free law, American legal realism and the legacy of anti-formalism (Vivian Grosswald Curran); Encountering amateurism: John Henry Wigmore and the uses of American formalism (Annelise Riles); Nobushige Hozumi: A skillful transplanter of western legal thought into Japanese soil (Hitoshi Aoki); Sanhuri, comparative law and Islamic legal reform, or why cultural authenticity is impossible (Amr Shalakany); Sculpting the agenda of comparative law: Ernst Rabel and the facade of language (David J. Gerber); René David: At the head of the family (Jorge L. Esquirol); Postmodern-Structural Comparative Jurisprudence? The aggregate impact of R. B. Schlesinger and R. Sacco to the understanding of the legal order (Ugo Mattei).

Legal Traditions of the World

Sustainable Diversity in Law

Author: H. Patrick Glenn

Publisher: Oxford University Press (UK)

ISBN: 019966983X

Category: Law

Page: 423

View: 2730

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Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, islamic law, common law, hindu law and confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The fifth edition covers increasing recognition of chthonic legal tradition and features new discussion on the notion of collective memory. New to this editionFeatures new discussion on the notion of collective memoryCovers increasing recognition of chthonic legal traditionIncludes new coverage of the notions of Big Data, Big History and private cloudsIncreased coverage of treatment of animals in each of the legal traditions

Comparative Constitutional Law

South African Cases and Materials in a Global Context

Author: Mark S. Kende

Publisher: N.A

ISBN: 9781611634853

Category: Constitutional law

Page: 338

View: 7153

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Harvard Law Professor Cass Sunstein has said that South Africa has ''the most admirable constitution in the history of the world.'' This comparative constitutional law casebook is unique because it allows students and experts in U.S. constitutional law (or other nations) to compare their approach with modern South African constitutionalism. The transformative and progressive South African Constitution adopts the most successful parts of existing parliamentary constitutions, while honoring the nation's African heritage. Further, it incorporates numerous international human rights such as socio-economic and environmental rights. The book's South African focus guarantees readers will grasp the contingency and social context of a foreign constitutional court's decisions, rather than primarily surveying cases from numerous other nations. Yet the introductory chapter also provides background on South Africa, and then exposes readers to key theoretical questions about comparativism. Moreover, that chapter briefly describes seven other constitutional democracies where the courts play important but different roles than in South Africa. These nations provide further context for the strong judicial review exercised by the South African Constitutional Court. Indeed, excerpts from that Court's decisions make up most of the core second chapter. The core chapter also contains questions about the reasoning of each South African case, as well as how that case compares to a single foreign case on the same topic. The book is suitable for law students, as well as other graduate and undergraduate students. In addition, the book is the first condensed version of South African constitutional case law published in the U.S. Thus, it functions as a research collection for experts, as well as a casebook.

Examining Practice, Interrogating Theory

Comparative Legal Studies in Asia

Author: Penelope (Pip). Nicholson,Sarah Biddulph

Publisher: BRILL

ISBN: 9004165185

Category: Law

Page: 352

View: 3303

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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.

The Challenge of International and Comparative Law in the Context of Climate Justice and Climate Change Law

Post Copenhagen Scenario

Author: Gisele Ferreira de Araújo

Publisher: AuthorHouse

ISBN: 1467891606

Category: Law

Page: 116

View: 3538

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Readers will have contact with a multi-disciplinary approach and an overview of the tools the legal discipline of Comparative Law offers to the climate change debate. The book considers the current gaps in international law by arguing that a Comparative Law analytical framework can homogenise the application of international law in the climate change law context.

Property and Human Rights in a Global Context

Author: Ting Xu,Jean Allain

Publisher: Bloomsbury Publishing

ISBN: 1509901736

Category: Law

Page: 352

View: 3838

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Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.

Jenseits der Menschenrechte

Die Rechtsstellung des Individuums im Völkerrecht

Author: Anne Peters

Publisher: Mohr Siebeck

ISBN: 9783161527494

Category: Law

Page: 559

View: 1856

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Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.

The Challenges of Justice in Diverse Societies

Constitutionalism and Pluralism

Author: Dr Meena K Bhamra

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409497550

Category: Law

Page: 266

View: 524

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In the urgency to respond to the challenges posed by diversity in contemporary societies, the discussion of normative foundations is often overlooked. This book takes that important first step, and offers new ways of thinking about diversity. Its contribution to an ongoing dialogue in this field lies in the construction of a normative framework which endeavours to better understand the challenges of justice in diverse societies. By applying this normative framework to specific and broader examples of injustices in the spheres of religion, culture, race, ethnicity, gender and nationality, the book demonstrates how constitutional pluralist discourses can contribute both to new and legal responses to diversity. The book will be of interest to legal professionals, policy makers, law students and scholars concerned with exploring diversity in the 21st century.

Children’s Rights and the Minimum Age of Criminal Responsibility

A Global Perspective

Author: Dr Don Cipriani

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496635

Category: Law

Page: 252

View: 3879

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Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

Adapting Legal Cultures

Author: David Nelken,Johannes Feest

Publisher: Hart Publishing

ISBN: 1841132918

Category: Law

Page: 282

View: 1236

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Looking at the theory and practice of legal borrowing and adaptation in different areas of the world, this volume discusses legal transplants, the role of the state in producing socio-legal change and the effects of globalization.