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What does it mean when civil lawyers and common lawyers think differently? In Charting the Divide between Common and Civil Law, Thomas Lundmark provides a comprehensive introduction to the uses, purposes, and approaches to studying civil and common law in a comparative legal framework. Superbly organized and exhaustively written, this volume covers the jurisdictions of Germany, Sweden, England and Wales, and the United States, and includes a discussion of each country's legal issues, structure, and their general rules. Professor Lundmark also explores the discipline of comparative legal studies, rectifying many of the misconceptions and prejudices that cloud our understanding of the divide b...
The book challenges all formalist accounts of legal interpretation and offers an 'informal' alternative.
How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
INTRODUCTION CHAPTER ONE: The Discipline of Comparative Law CHAPTER TWO: Comparative Legal Linguistics CHAPTER THREE: Comparative Jurisprudence CHAPTER FOUR: Lawyers CHAPTER FIVE: Judges and Judiciaries CHAPTER SIX: Lay Judges and Juries CHAPTER SEVEN: Legal Reasoning CHAPTER EIGHT: Statutes and their Construction CHAPTER NINE: Judicial Precedents CONCLUSION.
Like an atlas, the LL.M. Roadmap: An International Student's Guide to U.S. Law School Programs provides a series of andquot;roadmapsandquot; to guide prospective LL.M. students through every step of their journey. From assessing your reasons to acquire an LL.M., to choosing an American law school, meeting financial and immigration challenges, and succeeding in law school and a career in law, the LL.M. Roadmap provides straightforward guidance, along with plenty of checklists and reference sources. In ten parts and 33 chapters, this valuable text offers a careful examination of every consideration and contingency for making important life decisions. An indispensable guide for prospective LL.M...
The separation of powers doctrine is undoubtedly one of the key principles of contemporary constitutionalism. Despite this, it has not been framed into a single, homogeneous, and thus universal form. The abundance of approaches and nuances found in legal and political doctrine makes it an extremely labile and meandering concept, which can take on a variety of shapes. Its legislative articulation is by no means uniform, and thus reproducible, either. The separation of powers in constitutional law is therefore expressed in a broad array of formulas, sometimes explicitly, sometimes implicitly. In addition, it can take on a classic, almost model form, or it can be shaped in a significantly alter...
This is the most complete and best documented biography ever published of the woman who was Adolf Hitler's companion from 1933 until their marriage and suicide twelve years later in Berlin in April 1945. Lawyer, professor, and scholar Thomas Lundmark documents and discusses crucial facts he has discovered about Eva Braun which were not known to previous biographers, such as Eva's father's problems with alcohol, her parents' divorce, her refusals to help close relatives and children, her personal involvement in anti-Semitic pogroms, and her abuse of other people. This book also reveals and relates crucial facts about her medical condition hitherto unknown to biographers, including the fact that Eva suffered from recurring bouts of depression, likely triggered (or worsened) by her Mayer Rokitansky Syndrome, MRKH, a congenital under-development of her vagina and uterus. Brought now to light, these facts force us to re-assess Eva's relationship to Hitler and her unhappy position in Adolf Hitler's gilded cage.
Law is a lasting social institution, but it must also be responsive to change. In this volume Mary Arden draws upon her experience to examine how judge-made law adapts to the evolving demands of society, how law reform works in practice, and the future of the judiciary in our diverse modern culture.