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Comparative Law
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Comparative Law
Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern...
The Negative Turn in Comparative Law
This book’s essays aim subversively and resolutely to replace the hegemonic discursive frame governing comparative law. Beyond harnessing negative critique to resist the orthodoxy’s self-assured cognitive assumptions, at once unexamined and indefensible, the argument mobilizes negativity as an empowering idea, a resource towards the displacement of the brand of comparative law that has been fostering a closing of the comparing mind. To answer the demands of the moment and herald foreign law research as a creditable intellectual development, one requires to engage in a culturalist theorization and practice of comparative law at radical variance from the prevailing positivist model. The ne...
The Present and Future of European Family Law
The Present and Future of European Family Law explores the essence of European family law – and what its future may be. It compares and analyses existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an ‘institutional European family law’ have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an ‘organic European family law’ is beginning to emerge. The laws in many Euro...
Democratic Consolidation and Constitutional Endurance in Asia and Africa
A well-articulated response to the growing scholarly conversation on democratic backsliding and resilience, this essay collection considers recent democratising events in Ethiopia, The Gambia, Malaysia, Maldives, Myanmar, Sri Lanka, and Thailand.
Comprehending the Complexity of Countries
This book argues for computer-aided collaborative country research based on the science of complex and dynamic systems. It provides an in-depth discussion of systems and computer science, concluding that proper understanding of a country is only possible if a genuinely interdisciplinary and truly international approach is taken; one that is based on complexity science and supported by computer science. Country studies should be carefully designed and collaboratively carried out, and a new generation of country students should pay more attention to the fast growing potential of digitized and electronically connected libraries. In this frenzied age of globalization, foreign policy makers may – to the benefit of a better world – profit from the radically new country studies pleaded for in the book. Its author emphasizes that reductionism and holism are not antagonistic but complementary, arguing that parts are always parts of a whole and a whole has always parts.
Power to the People
Power to the People proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism-and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new institutions that can determine and implement a majority's views without always threatening constitutionalism.
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.
Proportionality, Fundamental Rights and Balance of Powers
The ECJ has applied fundamental rights and the principle of proportionality for decades. This book tries to elucidate the Court's approach to these fundamental tenets of Community law. It starts with establishing a firm theoretical foundation. Then, the book analyzes the case law of the ECJ and other constitutional courts to find out which method courts actually apply. Next, it is discussed why the courts follow a particular approach. Then, it is considered whether the approach fulfils constitutional requirements. Finally, a rationalizing model of balancing is developed. The book is useful for the practitioner as well as for the researcher. It does not present a mere summary of the Court's case law but a systematization of the underlying rationales.
Church, State, and Family
Presents a robust defence of the essential place of stable marital families in modern liberal societies.
