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Comparative Legal History
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
Research Handbook on Jurilinguistics
This Research Handbook offers a comprehensive study of jurilinguistics that not only presents the latest international research findings among academics and practitioners, but also provides a new approach to the phenomena and nature of communicative flexibility, legal genres, vulnerability of interlingual legal communication, and the cultural landscape of legal translation.
Flags, Color, and the Legal Narrative
On behalf of Professor Hugh Brady, Director and Senior Fellow, The Flag Research Center at the University of Texas School of Law, "Flags, Color, and the Legal Narrative: Public Memory, Identity, and Critique (Springer 2021) has been selected as the recipient of our Gherardi Davis Prize is presented for a significant contribution to vexillological research for the year 2021. This work was selected because of its breadth and depth in examining flags as meaningful transmitters of significant symbolic information concerning the origins, culture, self-image, and values of a society. We believe it represents a signal achievement in the study of flags that sets a new standard for research in the fi...
Conceptualising Property Law
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
The Rule of Law, Economic Development, and Corporate Governance
Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences between the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The author shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance.
African Law(s)
This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
Law as Performance
Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues ...
Reasonableness and interpretation
The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.
Transnational sales contract
The United Nations Convention on Contracts for the International Sale of Goods (CISG) turned 40 in 2020 and experts around the world didn’t miss the celebrations. This book collects twenty-five studies in tribute to the CISG for its 40 anniversary, written by experts from Europe, America and Asia, with different focus of analysis. The goal of “The transnational sales contract. 40 years influence of the CISG on national jurisdictions” is to present what we have learned from the CISG during this time of born, development and consolidation. The book aims at navigating through the influence of the CISG in different jurisdictions, thus revealing the creation and existence of a truly autonomous and transnational contract law of worldwide application.
Gender and International Criminal Law
The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings o...
