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The Enigma of Comparative Law
Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.
Comparative Law
This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius comm...
A Study of Mixed Legal Systems: Endangered, Entrenched or Blended
A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ’entrenched’, ’endangered’, or ’blended’. It explores...
A General Jurisprudence of Law and Society
Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.
Comparative International Law Approaches for Optimizing Petro-Wealth in Nigeria: The Sustainable Development Pathway
International and Comparative Law Approaches for Optimizing Petro-Wealth in an SDGs Context and in harmony with sustainable development forms the core and subject of this book. This book considers a beleaguered Nigerian oil industry and the pervasive contemporary struggles to sustain lucrative oil production in the 21st Century. Currently, Nigeria grapples with unrelenting and intractable challenges in its oil industry and apparently, a plausible means of alleviating the extensive negative impacts of untenable oil exploitation patterns in the Niger-delta have remained elusive. From the foregoing, the missing ingredient seems to be a dismal lack of sustainability endeared approaches to guaran...
European Economic and Political Issues
Vexing issues concerning internal and external change challenge Europe as it tries hard to regroup, reform and refocus. This series is intended to present an ongoing forum to stimulate discussion of these issues. Table of Contents: Preface; Broadband Communications in the European Union: Myths and Realities; Important but not Pervasive: The Shared Limits of Secondary Law in the Common Markets of Europe and South America; Democracy in the European Union; Can Mainstreaming Save EU Social Policy?; The Cases of Gender, Disability and Elderly Policy; Constructing Equality in Europe: The Case of Women's Rights in Italy and the UK; On the Problems of Home Country Control; Measuring the Cost of Increasing Inequality; Approaching the Endgame: Polish Public Opinion and the Changing Euro-Debate in the Run up to the 2003 EU Accession Referendum; Austria: Exceptionalism, Myth and Pariah; The Amsterdam CFSP Components: A Lowest Common Denominator Agreement?; Index.
The European Convention of Human Rights Regime
Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompte...
Indigenous Water Rights in Law and Regulation
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
The Tapestry of the Law
Attmoll takes Scots law as a case study because it is considered to be a hybrid between continental civilian traditions and English common law and so more representative of a broader range of legal systems, and perhaps also because it was easiest to access from her base at the University of Glasgow. She juxtaposes the legal system with a number of theories, most contemporary, of or about law, and produces some tentative conclusions about legal theory rather than endorsing any particular one. Law students are her primary audience, but academics or practitioners of law may also find the account of interest. No subject index. Annotation copyrighted by Book News, Inc., Portland, OR
The Indian Yearbook of Comparative Law 2019
This book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development i...
