Comparative Legal Traditions in a Nutshell

Author: Mary Ann Glendon
Publisher: West Academic Publishing
ISBN: 0314285601
Release Date: 2015-11-23
Genre:

This nutshell offers a general introduction to comparative law that includes both an overview of the methods of comparative law as well as of the two most widespread legal traditions in the world: civil (or Romano-Germanic) law and common law. For both legal traditions, this expert discussion covers their history; legal structures, including constitutional systems, courts, and judicial review; the roles of central legal actors, including lawyers, judges, and scholars; an overview of civil and criminal procedure; the principal sources of law and divisions of substantive law; and the judicial process. Throughout, the discussion also includes references to the place and the importance of supranational law and institutions and their impact on the civil law and common law traditions in Europe.

Comparative Legal Traditions Text Materials and Cases on Western Law

Author: Mary Ann Glendon
Publisher: West Academic Publishing
ISBN: 0314917500
Release Date: 2014-10-08
Genre: Law

This new edition includes some significant revisions since the last edition was published in 2007. In addition to updating the materials to take into account developments in the law in the examined jurisdictions, the new edition also places discussion of the relevant regional law, for the most part European Union and Council of Europe law, within the examinations of the specific legal systems themselves (more accurately reflecting the realities of operating within those systems). In addition, there are updates and addition to the in-depth chapters focusing on discrete comparative problems and exercises.

Comparative Law in a Changing World

Author: Peter De Cruz
Publisher: Routledge Cavendish
ISBN: 1138129496
Release Date: 2015-10-08
Genre: Law

Providing a comprehensive and comparative analysis of the legal approach to key areas of law within different legal systems, this book offers a blueprint for comparative legal study by evaluating the current epistemological debate on comparative law and comparative legal research methods. Substantive law, the law of obligations, commercial and corporate law within the major legal systems of the world are all examined and compared. While France and Germany are generally used as the archetypal civil law jurisdictions and English law as the main common law comparator, this third edition also examines the Russian Federation in the post-Soviet era and socialist legal influences as well as non-Western legal traditions. Fully updated and revised to include all recent developments, this edition also includes a broad historical introduction and outlines changes in EC Law. It assesses the possibility of Europeanization of national legal systems and certain legal topics, the impact of the globalization of legal institutions and the evolving 'new world order' in the early twenty-first century. Written in a clear, user-friendly style, Comparative Law in a Changing World is an accessible source for undergraduates and postgraduates wishing to trace the influence of common law and civil law legal traditions on jurisdictions across the world.

Intellectual Property in Common Law and Civil Law

Author: Toshiko Takenaka
Publisher: Edward Elgar Publishing
ISBN: 9780857934376
Release Date: 2013-01-01
Genre: Law

ÔIntellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP LawÕs most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of WashingtonÕs renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the worldÕs leading IP scholars. In short, IP LawÕs most important issues from a global perspective; by the worldÕs leading scholars, yet in a nutshell. Excellent!Õ Ð Christoph Ann, Technische UniversitŠt Mÿnchen, Germany Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization. Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.

Major Legal Systems in the World Today

Author: René David
Publisher: Simon and Schuster
ISBN: 9780029076101
Release Date: 1978-01-01
Genre: Law

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.

The Legal System of the People s Republic of China in a Nutshell

Author: Daniel C. K. Chow
Publisher: West Academic Publishing
ISBN: 0314198822
Release Date: 2009
Genre: Law

This book begins with a brief overview of the important events of the twentieth century that have shaped modern China, and then turns to a systematic analysis of the structure of government, basic human rights and liberties, and the crucial role of the Communist Party. It examines all major legal institutions in China, including the law-making organs, courts, procuratorates, police, and the legal profession. Also provides an overview of the major areas of procedural and substantive black letter law in China, with a focus on foreign investment and intellectual property laws.

French Law

Author: Eva Steiner
Publisher: Oxford University Press
ISBN: 9780199232376
Release Date: 2010-03-04
Genre: Law

French Law: A Comparative Approach provides an authoritative, thorough, and clear account of the French legal system and its internal workings. It explains both the institutions and substantive law along with the methodology that underpins the system. Illuminating and insightful comparisons to other legal jurisdictions are made throughout.

Montesquieu The Spirit of the Laws

Author: Charles de Secondat baron de Montesquieu
Publisher: Cambridge University Press
ISBN: 0521369746
Release Date: 1989-09-21
Genre: History

The Spirit of the Laws is without question one of the central texts in the history of eighteenth-century thought, yet there has been no complete scholarly English language edition since 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted.

Amne adverso

Author: Laurent Waelkens
Publisher: Leuven University Press
ISBN: 9789462700543
Release Date: 2015-10-27
Genre: Law

Introduction to the history of Roman law and its institutions Throughout its history, Europe has been influenced by Roman culture, a culture with a strong sense of society and highly legal-minded. Hence, Roman law is of major importance in European thinking. It was the first subject to be taught at university and it remains tightly interwoven with all layers of European civilisation. This book provides an introduction to the history of Roman law and its institutions, as they developed from Antiquity until the nineteenth century. Concepts such as fundamental rights and freedoms, lawsuits, family law, rightsin rem, and obligations have their origins in classical Antiquity and were developed further throughout European history. The historical processing of our Roman legal heritage is treated from the perspective of comparative legal history. The book is written for undergraduate law students, but is also relevant for scholars from other disciplines.

Italian Constitutional Justice in Global Context

Author: Vittoria Barsotti
Publisher: Oxford University Press
ISBN: 9780190214562
Release Date: 2015-10-26
Genre: Law

Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English. This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog.

Islam and War

Author: John Kelsay
Publisher: Westminster John Knox Press
ISBN: 0664253024
Release Date: 1993-01-01
Genre: Religion

This book explores questions regarding the justice of war and addresses the lack of comparative perspectives on the ethics of war, particularly with respect to Islam. Focusing on the role of Islamic symbols in the rhetoric of Saddam Hussein, Kelsay provides an overview of the Islamic tradition regarding war and peace, and investigates the notion of religion as a just cause for war.

Non Standard Employment in Post Industrial Labour Markets

Author: Werner Eichhorst
Publisher: Edward Elgar Publishing
ISBN: 9781781001721
Release Date: 2015-02-27
Genre: Business & Economics

Examining the occupational variation within non-standard employment, this book combines case studies and comparative writing to illustrate how and why alternative occupational employment patterns are formed. Through expert contributions, a framework is

Constitutional Review in Europe

Author: Maartje de Visser
Publisher: A&C Black
ISBN: 9781782252450
Release Date: 2014-07-18
Genre: Law

Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'Ãatre, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law.