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Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.
This book provides the first theory on how decisions by the European Court of Justice should be made.
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own?...
The first socio-legal study of legal experts and their influence on EU policy-making at national, European, and international levels.
The Internal Market Ideal honours the pathbreaking work of Professor Stephen Weatherill, Jacques Delors Professor of European Law at the University of Oxford (1998-2021). For more than three decades, Professor Weatherill has been the dominant figure in internal market debates, shaping the European Union's Internal Market both at Oxford and internationally. Looming large in fields as disparate as consumer protection and sports law, his voice has guided how relevant laws and regulations are understood and how their varying virtues and pitfalls are perceived. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), the present volume is not simply a celebration of Wea...
The rich field of urban law has thus far lacked a holistic and concerted scholarly focus on comparative and global perspectives. This work offers new inroads into the global and comparative streams within urban law by presenting emerging frameworks and approaches to topics ranging from urban housing and land use to legal informality and consumer financial protection. The volume brings together a group of international urban legal scholars to highlight emergent global, interdisciplinary perspectives within the field of urban law, particularly as they have import for comparative legal analysis. The book presents a timely addition to the literature given the urgent legal issues that continue to surface in an age of rapid urbanization and globalization.
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Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.
The 2021 edition of The Global Community Yearbook of International Law and Jurisprudence constitutes the only thorough annual survey of major developments in international courts. General Editor Giuliana Ziccardi Capaldo selects excerpts from important court opinions, supported by contributors who provide expert guidance on those cases. The topical organization and subject index make the thorough, comprehensive content easy to navigate.
This volume, the first of its kind in the English language, examines the law and politics of federalism and decentralization in the Middle East and North Africa. Comprised of eleven case studies examining the experience across the region, together with essays by leading scholars providing comparative and theoretical perspectives and a synthetic conclusion by the co-editors, the volume offers a textured portrait of the dilemmas of decentralization during a period of sweeping transition in the region. The collection addresses an important gap in the comparative decentralization literature, which has largely neglected the MENA region. Both retrospective and forward-looking in orientation, the book is a valuable resource not only for scholars of comparative politics, constitutional design, and Middle East studies, but also for policy makers evaluating the feasibility and efficacy of decentralization as a vehicle for improving governance and responding to identity conflict in any part of the world.