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Rethinking Comparative Law
Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.
The Diffusion of Law
In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form. This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method.
Statehood as Political Community
Alex Green argues that states arise under contemporary international law only when two abstract conditions are fulfilled. First, emerging states must constitute 'genuine political communities': collectives within which particular kinds of ethically valuable behaviour are possible. Second, such communities must emerge in a manner consistent with the ethical importance of individual political action. This uniquely 'Grotian' theory of state creation provides a clear legal framework comprising four factual 'antecedents' and five procedural principles, rendering the law of statehood both coherent and normatively attractive.
A Research Agenda for Comparative Law
This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline.
New Constitutional Horizons
This book examines the conceptual puzzles that multilevel pluralism poses for our constitutional theories. It offers fresh perspectives by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy, proposing novel solutions for pluralizing constitutional theory in the light of multilevel governance.
Democracy and Financial Order: Legal Perspectives
This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.
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...
The Cambridge Handbook of Comparative Law
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
The Oxford Handbook of Global Legal Pluralism
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Culture in the Domains of Law
This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.
