An Introduction to Comparative Law Theory and Method

Author: Geoffrey Samuel

Publisher: Bloomsbury Publishing

ISBN: 1849467552

Category: Law

Page: 232

View: 4634

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.

An Introduction to Comparative Law

Author: Konrad Zweigert,Hein Kötz

Publisher: Oxford University Press

ISBN: 9780198268598

Category: Law

Page: 714

View: 2636

Now in its third edition, this title is completely updated with all recent developments incorporated in both new chapters and the existing ones.

Comparative Law

An Introduction to the Comparative Method of Legal Study & Research

Author: Harold Cooke Gutteridge

Publisher: CUP Archive

ISBN: N.A

Category: Comparative law

Page: 208

View: 733

A New Introduction to Comparative Law

Author: Jaakko Husa

Publisher: Bloomsbury Publishing

ISBN: 1849469520

Category: Law

Page: 272

View: 3306

This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

An Introduction to the Comparative Study of Private Law

Readings, Cases, Materials

Author: James Gordley,Arthur Taylor von Mehren

Publisher: Cambridge University Press

ISBN: 1316101886

Category: Law

Page: N.A

View: 1071

This collection of readings sets out the two fundamental distinctions between common and civil law, namely that the former originated in the English courts, the latter in the Roman legal tradition, and that the common law is based on judicial decisions whereas codes form the basis of modern civil law. The core of the book consists of cases, statutes and code provisions shaping the doctrines central to the law of property, tort, contract and unjust enrichment in the United States, England, France and Germany. These materials provide a road map of the law of each, allowing the reader to consider how doctrines differ, how these differences emerged and whether the underlying problems and solutions are common to all. They also allow for comparison to be made between the approaches of common and civil law and to consider the extent to which they depend on the origin and nature of the law.

Introduction to comparative law

Author: Konrad Zweigert,Hein Kötz

Publisher: N.A

ISBN: 9780198256069

Category: Law

Page: 416

View: 8298

The second edition of this highly acclaimed text, first published in English in 1977, is an invaluable introduction to comparative law. The authors cover all angles of the subject from the general concept, functions, and history of comparative law to more sophisticated aspects of contract and tort law.

Concise Introduction to Comparative Law

Author: Michael Bogdan

Publisher: Europa Law Pub Netherlands

ISBN: 9789089521255

Category: Law

Page: 202

View: 459

In today's globalized world, jurists cannot limit themselves to studying the laws of their own country. This book is mainly intended to be used as a textbook for beginners taking introductory courses on foreign and comparative law. Its concise format makes it fit for use also in other courses, such as legal history or jurisprudence, having the ambition to provide the students with a basic knowledge about English, American, French, German, Chinese and Islamic law and legal culture, as well as about the methodological problems that arise in connection with studying, comparing and working with foreign legal systems in general. The book will hopefully also be useful as a spring-board towards more profound studies by students and others seeking more advanced knowledge. Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.

Major Legal Systems in the World Today

An Introduction to the Comparative Study of Law

Author: René David,John E. C. Brierley

Publisher: Simon and Schuster

ISBN: 0029076102

Category: Law

Page: 584

View: 7276

A significant introduction to the study of comparative law and a notable scholarly work, "Major Legal Systems in the World Today" analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each "legal family, " the book presents a total view of the historical foundation and the sources and structure of the law in each system.

Comparative Law

A Handbook

Author: Esin �rücü,David Nelken

Publisher: Bloomsbury Publishing

ISBN: 1847316980

Category: Law

Page: 480

View: 3172

This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin �rücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.

Constitutions Compared

An Introduction to Comparative Constitutional Law

Author: A. W. Heringa,Philipp Kiiver

Publisher: Intersentia Uitgevers N V

ISBN: N.A

Category: Law

Page: 322

View: 330

This updated and expanded second edition of the successful Constitutions Compared handbook provides a user-friendly introduction to comparative constitutional law. The book covers the constitutional systems of the US, the UK, Germany, France, and the Netherlands. It is a helpful guide for students who are exploring comparative constitutional law, and it is a useful foundation for more advanced graduate-level courses. The book's comparative approach is thematic. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. The themes addressed are: origins and main features of constitutions * federalism, unitarism, and decentralization * parliaments and lawmaking * governments, their parliaments, and their heads of state * judicial review and human rights. In addition, the book discusses the constitutional impact of the EU, the system of human-rights protection under the European Convention on Human Rights, and the interaction between the EU, European human rights, and national constitutions. The book includes a table giving an overview of the systems discussed, a glossary, and an expanded selection of freshly translated, important provisions from national constitutions and international treaties.

An Introduction to Comparative Legal Models of Criminal Justice

Author: Cliff Roberson,Dilip K. Das

Publisher: CRC Press

ISBN: 1420065939

Category: Law

Page: 352

View: 7591

While in Plato’s time there may have been some truth to his belief that there can only be "one single justice, and one single law," such is not the case today. Criminal justice systems vary widely across the world in their approaches to the problem of crime. Bringing together the collective wisdom of Cliff Roberson and Dilip K. Das, two world-renowned experts and university professors who have been involved in the criminal justice system for over thirty years, An Introduction to Comparative Legal Models of Criminal Justice presents the theme that a country’s legal model to a great extent determines the character of its police and corrections as well as its legal system. This book examines these different systems and is a useful reference guide for all criminal justice professionals. Examines Various Approaches The book begins with a brief overview of the five legal models. The continental (civil) system, characterized by an inquisitorial nature and practiced in most European countries, is discussed, followed by the common law model, which is known for its adversarial quality and is used in most English-speaking countries. The religion-based Islamic system and the rehabilitation-oriented Marxist system are also profiled. Those systems that are still emerging or are hybrid in nature are characterized as mixed. In some cases, the secretive nature of certain countries’ methods, especially those using extreme punishments, necessitated reliance on reports published by the U.S. State Department. By examining how other societies deal with problems of justice, criminal justice professionals will gain insight as to which police and corrections methods are likely to be the most successful in their jurisdictions, and which will create more problems than they solve.

Constitutions Compared

An Introduction to Comparative Constitutional Law

Author: Aalt Willem Heringa

Publisher: Intersentia

ISBN: 9781780683997

Category:

Page: 488

View: 1757

The new edition of this handbook provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. In this fourth edition, the author has expanded several chapters to provide for even more detail on national legal systems and constitutional comparison. In addition, he has updated the discussion wherever necessary. Thus, this book most notably takes account of the new election system in Germany; the operation of the constitutional review procedure in France; the Scottish referendum and its aftermath in the UK; the new procedure for the formation of a government in the Netherlands; the discussion about the accession of the EU to the European Convention on Human Rights; and notably the effects on domestic constitutional law in the EU member states by EU membership, the EMU, the political dialogue between national parliaments and the Commission, the banking union and many other relevant developments. The EU has therefore more extensively been woven into this book, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law. Now this successful book is a helpful guide for students who are for the first time exploring comparative constitutional law, and a solid foundation for more advanced graduate-level courses.

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: 1570

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.

Roman Law & Comparative Law

Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820312613

Category: Law

Page: 328

View: 7365

Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.

Advanced Introduction to Comparative Constitutional Law

Author: Mark Tushnet

Publisher: Edward Elgar Publishing

ISBN: 1781007322

Category: Law

Page: 144

View: 839

Mark Tushnet, a world-renowned scholar of constitutional law, presents an introduction to comparative constitutional law through an analysis of topics at the cutting edge of contemporary scholarship.

Comparative Law

Author: Mathias Siems

Publisher: Law in Context

ISBN: 1107182417

Category: Law

Page: 500

View: 9365

The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.

Doing Research in Political Science

An Introduction to Comparative Methods and Statistics

Author: Paul Pennings,Hans Keman,Jan Kleinnijenhuis

Publisher: SAGE

ISBN: 1446226905

Category: Political Science

Page: 336

View: 4301

This is an immensely helpful book for students starting their own research... an excellent introduction to the comparative method giving an authoritative overview over the research process - Klaus Armingeon, University of Bern Doing Research in Political Science is the book for mastering the comparative method in all the social sciences - Jan-Erik Lane, University of Geneva This book has established itself as a concise and well-readable text on comparative methods and statistics in political science I...strongly recommend it. - Dirk Berg-Schlosser, Philipps-University Marburg This thoroughly revised edition of the popular textbook offers an accessible but comprehensive introduction to comparative research methods and statistics for students of political science. Clearly organized around three parts, the text introduces the main theories and methodologies used in the discipline. Part 1 frames the comparative approach within the methodological framework of the political and social sciences. Part 2 introduces basic descriptive and inferential statistical methods as well as more advanced multivariate methods used in quantitative political analysis. Part 3 applies the methods and techniques of Parts 1 & 2 to research questions drawn from contemporary themes and issues in political science. Incorporating practice exercises, ideas for further reading and summary questions throughout, Doing Research in Political Science provides an invaluable step-by-step guide for students and researchers in political science, comparative politics and empirical political analysis.