An Introduction to Comparative Law Theory and Method

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An Introduction to Comparative Law Theory and Method

An Introduction to Comparative Law Theory and Method

  • Author: Geoffrey Samuel
  • Publisher: Bloomsbury Publishing
  • ISBN: 1849467552
  • Category: Law
  • Page: 232
  • View: 3360
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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.

Methods of Comparative Law

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Methods of Comparative Law

Methods of Comparative Law

  • Author: P. G. Monateri
  • Publisher: Edward Elgar Publishing
  • ISBN: 1781005117
  • Category: Law
  • Page: 325
  • View: 6817
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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.

Theory and Method in Socio-Legal Research

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Theory and Method in Socio-Legal Research

Theory and Method in Socio-Legal Research

  • Author: Reza Banakar,Max Travers
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847316913
  • Category: Law
  • Page: 392
  • View: 2387
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Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.

The Oxford Handbook of Comparative Law

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The Oxford Handbook of Comparative Law

The Oxford Handbook of Comparative Law

  • Author: Mathias Reimann,Reinhard Zimmermann
  • Publisher: Oxford University Press
  • ISBN: 0192565516
  • Category: Law
  • Page: 1536
  • View: 3049
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This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Comparative Politics

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Comparative Politics

Comparative Politics

Theory and Methods

  • Author: B. Guy Peters
  • Publisher: NYU Press
  • ISBN: 9780814766682
  • Category: Political Science
  • Page: 262
  • View: 6138
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Comparative Politics provides a comprehensive, theoretical, and methodological introduction to the field of comparative politics. In the sciences, theory is tested through direct experimentation. In politics, however, social scientists cannot simply manipulate an institution or law to see what might happen. Comparisons of different political contexts are thus central to political theory. Analyzing what happens when different countries modify constitutions or party systems provides useful information about the probable consequences of such changes among diverse political orders. The world of politics is full rich and complex factors which influence the way people vote, how policies are made, or how interest groups lobby. Written by a well-established author with an international reputation, Comparative Politics, surveys the best work in the field, examining the issues involved in an attempt to compare political systems and discussing how the methods and results of comparative politics can be improved. This valuable survey presents a wide array of case studies to illustrate how comparative analysts devise effective methods to construct meaningful theories about political systems. All major current approaches are covered, making this essential reading for students of politics and government.

The Method and Culture of Comparative Law

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The Method and Culture of Comparative Law

The Method and Culture of Comparative Law

Essays in Honour of Mark Van Hoecke

  • Author: Maurice Adams,Dirk Heirbaut
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782254935
  • Category: Law
  • Page: 328
  • View: 9871
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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, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.

Comparative Law and Society

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Comparative Law and Society

Comparative Law and Society

  • Author: David Scott Clark
  • Publisher: Edward Elgar Publishing
  • ISBN: 1781006091
  • Category: Law
  • Page: 480
  • View: 4500
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Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. the general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume.

Rights in Context

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Rights in Context

Rights in Context

Law and Justice in Late Modern Society

  • Author: Professor Reza Banakar
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409497313
  • Category: Law
  • Page: 368
  • View: 8431
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This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.

An Introduction to the Law of International Criminal Tribunals

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An Introduction to the Law of International Criminal Tribunals

An Introduction to the Law of International Criminal Tribunals

A Comparative Study. Second Revised Edition

  • Author: Geert-Jan Knoops
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 904742901X
  • Category: Law
  • Page: 378
  • View: 9106
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The author offers an overview of the most important topics and developments in international criminal law, which are essential to everyone studying and practicing ICL.

Comparative Law

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Comparative Law

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: 214
  • View: 6620
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