Gifts

Author: Richard Hyland
Publisher: Oxford University Press
ISBN: 9780195343366
Release Date: 2009
Genre: Law

Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.

Courts and Comparative Law

Author: Mads Andenas
Publisher: Oxford University Press, USA
ISBN: 9780198735335
Release Date: 2015
Genre: Law

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

International Law and the Arctic

Author: Michael Byers
Publisher: Cambridge University Press
ISBN: 9781107042759
Release Date: 2013-08-01
Genre: Law

Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.

Comparative Law in a Global Context

Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 9781139452717
Release Date: 2006-03-30
Genre: Law

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.

Interpreting Precedents

Author: D. Neil MacCormick
Publisher: Routledge
ISBN: 9781351926447
Release Date: 2016-12-05
Genre: Law

This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.

National Security Secrecy

Author: Sudha Setty
Publisher: Cambridge University Press
ISBN: 9781107130623
Release Date: 2017-07-31
Genre: Law

Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.

Foreign Investment and the Environment in International Law

Author: Jorge E. Viñuales
Publisher: Cambridge University Press
ISBN: 9781139576734
Release Date: 2012-09-13
Genre: Law

Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.

Exclusion from Public Space

Author: Daniel Moeckli
Publisher: Cambridge University Press
ISBN: 9781107154650
Release Date: 2016-07-14
Genre: Law

This book explores the implications of banning people from public space for the rule of law, fundamental rights, and democracy.

Legal Transplants

Author: Alan Watson
Publisher: University of Georgia Press
ISBN: 082031532X
Release Date: 1974
Genre: Law

In Legal Transplants, one of the world's foremost authorities on legal history and comparative law puts forth a clear and concise statement of his controversial thesis on the way that law has developed throughout history. When it was first published in 1974, Legal Transplants sparked both praise and outrage. Alan Watson's argument challenges the long-prevailing notion that a close connection exists between the law and the society in which it operates. His main thesis is that a society's laws do not usually develop as a logical outgrowth of its own experience. Instead, he contends, the laws of one society are primarily borrowed from other societies; therefore, most law operates in a society very different from the one for which it was originally created. Utilizing a wealth of primary sources, Watson illustrates his argument with examples ranging from the ancient Near East, ancient Rome, early modern Europe, Puritan New England, and modern New Zealand. The resulting picture of the law's surprising longevity and acceptance in foreign conditions carries important implications for legal historians and sociologists. The law cannot be used as a tool to understand society, Watson believes, without a careful consideration of legal transplants. For this edition, Watson has written a new afterword in which he places his original study in the context of more recent scholarship and offers some new reflections on legal borrowings, law, and society.

Comparative Law

Author: Harold Cooke Gutteridge
Publisher: CUP Archive
ISBN:
Release Date: 1946
Genre: Comparative law


Vicarious Liability in Tort

Author: Paula Giliker
Publisher: Cambridge University Press
ISBN: 9781139493079
Release Date: 2010-10-28
Genre: Law

Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

An Introduction to Comparative Law Theory and Method

Author: Geoffrey Samuel
Publisher: Bloomsbury Publishing
ISBN: 9781849467551
Release Date: 2014-12-01
Genre: Law

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.

Interpreting Statutes

Author: D. Neil MacCormick
Publisher: Routledge
ISBN: 9781351926386
Release Date: 2016-12-05
Genre: Law

This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.

Comparative Legal Linguistics

Author: Professor Heikki E S Mattila
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409471509
Release Date: 2013-02-28
Genre: Law

This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French, Spanish and English. This second edition has been fully revised, updated and enlarged. A new chapter on legal Spanish takes into account the increasing importance of the language, and a new section explores the use (in legal circles) of the two variants of the Norwegian language. All chapters have been thoroughly updated and include more detailed footnote referencing. The work will be a valuable resource for students, researchers, and practitioners in the areas of legal history and theory, comparative law, semiotics, and linguistics. It will also be of interest to legal translators and terminologists.

Gift and Gain

Author: Associate Professor of Classics Neil Coffee
Publisher: Oxford University Press
ISBN: 9780190496432
Release Date: 2016-12-27
Genre:

The economy of ancient Rome, with its money, complex credit arrangements, and long-range shipping, was surprisingly modern. Yet Romans also exchanged goods and services within a robust system of gifts and favors, which sustained the supportive relationships necessary for survival in theabsence of the extensive state and social institutions. In Gift and Gain: How Money Transformed Ancient Rome, Neil Coffee shows how a vibrant commercial culture progressively displaced systems of gift giving over the course of Rome's classical era. The change was propelled the Roman elite, throughtheir engagement in shipping, moneylending, and other enterprises. Members of the same elite, however, remained habituated to traditional gift relationships, relying on them to exercise influence and build their social worlds. They resisted the transformation, through legislation, politicalmovements, and philosophical argument. The result was a recurring clash across the contexts of Roman social and economic life. The book traces the conflict between gift and gain from Rome's prehistory, down through the conflicts of the late Republic, into the early Empire, showing its effects inareas as diverse as politics, government, legal representation, philosophical thought, public morality, personal and civic patronage, marriage, dining, and the Latin language. These investigations show Rome shifting, unevenly but steadily, away from its pre-historic reliance on relationships ofmutual aid, and toward to the more formal, commercial, and contractual relations of modernity.