[PDF] The Use Of Comparative Law By Courts eBook

Author : Ulrich Drobnig
Publisher : Springer
Page : 360 pages
File Size : 33,21 MB
Release : 1999
Category : Law
ISBN :

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This new volume contains fourteen national reports and a General Report on the use of comparative law by courts, which were presented at the XIVth International Congress of Comparative Law in Athens. It provides a general survey of the frequency and methods of a comparative recourse to foreign law by courts, describing both the methods of such recourse and the typical fields in which it is undertaken. The reports offer an interesting cross-section of contemporary court practice from a wide variety of countries around the world andndash; large and small, unitary and federal, and with differing historical backgrounds. All demonstrate the needs of national courts to look to foreign law for inspiration or as a model for dealing with new, unsettled issues of national law, and the reports illustrate well the impact of divergent traditions, attitudes and surrounding circumstances. Of special interest are both the role of comparative law and the comparative method employed in the practice of a supranational court, such as the European Court of Justice. In addition to the General Report, this volume contains national reports from the following countries: Canada, European Union, France, Germany, Greece, Iceland, Israel, Japan, Luxembourg, The Netherlands, United Kingdom and United States of America.

Author : Mads Tønnesson Andenæs
Publisher : Oxford University Press, USA
Page : 756 pages
File Size : 49,85 MB
Release : 2015
Category : Law
ISBN : 0198735332

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A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.

Author : Günther Doeker-Mach
Publisher : Franz Steiner Verlag
Page : 448 pages
File Size : 41,18 MB
Release : 2004
Category : Philosophy
ISBN : 9783515085601

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Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.

Author : Günter Frankenberg
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 21,12 MB
Release : 2016-04-29
Category : Law
ISBN : 1785363948

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Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.

Author : George Mousourakis
Publisher : Springer Nature
Page : 323 pages
File Size : 32,74 MB
Release : 2019-11-01
Category : Law
ISBN : 3030282813

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The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.

Author : Mathias Siems
Publisher : Law in Context
Page : 531 pages
File Size : 34,46 MB
Release : 2018-04-12
Category : Law
ISBN : 1107182417

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

Author : Sean Patrick Donlan
Publisher : Routledge
Page : 135 pages
File Size : 11,23 MB
Release : 2019-12-06
Category : Law
ISBN : 0429751419

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This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.

Author : Guy Canivet
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 36,35 MB
Release : 2005
Category : Comparative law
ISBN : 9780903067898

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Comparative law is increasingly recognized as an essential reference point for judicial decision-making. The English courts have long been open to considering how legal problems are solved in other jurisdictions and there have been parallel developments across the Channel. Comparative law is gaining in utility and relevance in the decisions of the courts. This book is extremely timely, bringing together a collection of essays by distinguished jurists from the judiciary and academia and providing an important contribution to analysis of this topic. Contributors focus on a variety of European jurisdictions but also look at North America and South Africa. The first part of the book deals with the problems and possibilities of comparative law in national courts. Discussion ranges from the problems of proof of foreign law in national courts to legal borrowings and institutional mechanisms for international judicial cooperation in national courts. The second part of the book, focusing on European Law, contains a range of chapters exploring in a number of dimensions the suggestion that an intensification of comparative law methodology in the courts might be attributable to the growth and impact of European supra-national law. The third part of the book takes the argument into the field of administrative law, an area which has traditionally been relatively impervious to comparative cross-fertilization between European states. The fourth part of the book covers a widely diverse set of topics in the field of general and mainly private law.

Author : Monateri, Pier
Publisher : Edward Elgar Publishing
Page : 181 pages
File Size : 50,94 MB
Release : 2021-10-22
Category : Law
ISBN : 1789906164

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Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law.