Comparative Legal Traditions in a Nutshell

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

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.

Comparative Legal Traditions

Author: Mary Ann Glendon
Publisher: West Group
ISBN: STANFORD:36105060080830
Release Date: 1994
Genre: Law

Contents include history, culture, and distribution of the civil law; legal structures in civil law nations; legal actors in the civil law tradition; procedure in civil law system; sources of law and the judicial process in civil law systems; fields of substantive law in civil law systems with regard to economic aspects of divorce, and the role of courts in policing contracts for unfairness; European law and institutions; the rise and fall of the socialist legal tradition; the common-law tradition; history, culture, and distribution of the common-law tradition; legal structures in England; legal actors in England; procedure in England; legal rules in England; and divisions of English law.

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: 9780198790884
Release Date: 2018-03
Genre: Law

The second edition of French Law: A Comparative Approach provides an authoritative, comprehensive, and up to date account of the French legal system and its internal workings. It sets out the institutional frameworks, substantive law, and methodologies that underpin the system, and provides expert insight into the civil law way of thinking and an explanation of how law is made and enforced in France. It offers detailed case studies of how French law is shaped in practice in key areas, including commentary on landmark cases that have shaped modern French law. Illuminating and insightful comparisons to other legal jurisdictions are made throughout, helping readers appreciate the distinguishing features and unique nature of the French legal landscape.

The Civil Law Tradition

Author: John Henry Merryman
Publisher: Stanford University Press
ISBN: 0804755698
Release Date: 2007-05-21
Genre: Law

This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events - such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition - and their significance for the civil law tradition.

Comparative Private Law

Author: Markus Muller-Chen
Publisher: Dike Verlag Ag
ISBN: 3037516992
Release Date: 2015-02-17
Genre: Law

Looking beyond the border of one's own legal system is to embark on a journey with the promise of gaining knowledge of foreign legal systems, as well as a fresh perspective one's home system. This book guides students, academics, and lawyers on this journey, and shows that ideas developed elsewhere can be a treasure trove of inspiration for national courts, legislators, and legal practitioners. A particular concern for the book is to include non-Western countries in this endeavor. The first part of the book looks at the origins, purposes, and methods of comparative law, and it discusses the process of transplanting and receiving legal concepts, along with the potential pitfalls involved, using examples stretching from the reception of Roman law in Europe to the comparatively new phenomenon of European private law. The second part considers select legal systems, starting with the two most influential legal traditions, the civil law and the common law. The book examines their historical background and impact, the main sources of law, the predominant methods of dispute resolution, and the players shaping them. Then, it moves on to the legal systems in East Asia that are playing an increasingly important role in today's world, namely China, Japan, and South Korea. The book also takes a close look at those legal systems shaped by a major world religion, in particular Saudi Arabia, the United Arab Emirates, and Israel. It closes with an Annex on how to write a thesis using the comparative law method. [Subject: Comparative Law, Private Law]

Transnational Litigation in a Nutshell

Author: George A. Bermann
Publisher: West Academic
ISBN: 0314145842
Release Date: 2003
Genre: Law

This title identifies and explores recurring problems caused by private cross-border disputes, while presenting the solutions that appear to be emerging, whether in the form of legislation, case law, treaty or Restatement enumeration. It covers personal and subject matter jurisdiction, parallel litigation, choice of forum, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, pleading, and proof of foreign law. International arbitration is also dealt with, with special emphasis on the role of courts in enforcing international arbitration agreements and effectuating international arbitral awards.

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.