Comparative Law in the Courtroom and Classroom

Comparative Law in the Courtroom and Classroom

Author: B. S. Markesinis

Publisher:

Published: 2003

Total Pages: 306

ISBN-13: 9781472559371

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This book presents an original, deliberately controversial and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century: its weaknesses, its strengths, and its protagonists (most of whom were personally known to the author) during the preceding thirty-five years. It is also a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticise the impact the long association with Roman law has had on the orientation and well being of his subject. With equal force, he also warns against some modern trends linking it with variations of the critical legal studies movement, and urges the study of foreign law in a way that can make it more attractive to practitioners and more usable by judges. At the end of the day, this monograph represents a passionate call for greater intellectual co-operation and offers one way of achieving it. A co-operation between practitioners and academics on the one hand and between Common and (modern) Civilian lawyers on the other, in an attempt to save the subject from the marginalisation it suffered in the 1980s and from which the globalisation movement of the 21st century may be about to deliver it


Book Synopsis Comparative Law in the Courtroom and Classroom by : B. S. Markesinis

Download or read book Comparative Law in the Courtroom and Classroom written by B. S. Markesinis and published by . This book was released on 2003 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an original, deliberately controversial and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century: its weaknesses, its strengths, and its protagonists (most of whom were personally known to the author) during the preceding thirty-five years. It is also a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticise the impact the long association with Roman law has had on the orientation and well being of his subject. With equal force, he also warns against some modern trends linking it with variations of the critical legal studies movement, and urges the study of foreign law in a way that can make it more attractive to practitioners and more usable by judges. At the end of the day, this monograph represents a passionate call for greater intellectual co-operation and offers one way of achieving it. A co-operation between practitioners and academics on the one hand and between Common and (modern) Civilian lawyers on the other, in an attempt to save the subject from the marginalisation it suffered in the 1980s and from which the globalisation movement of the 21st century may be about to deliver it

Comparative Law in the Courtroom and Classroom

Comparative Law in the Courtroom and Classroom

Author: B. S. Markesinis

Publisher: Hart Publishing

Published: 2003-03-20

Total Pages: 306

ISBN-13: 1841133981

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This is an original, deliberately controversial and disturbing appraisal of the state of comparative law at the beginning of the 21st century.


Book Synopsis Comparative Law in the Courtroom and Classroom by : B. S. Markesinis

Download or read book Comparative Law in the Courtroom and Classroom written by B. S. Markesinis and published by Hart Publishing. This book was released on 2003-03-20 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an original, deliberately controversial and disturbing appraisal of the state of comparative law at the beginning of the 21st century.

Comparative Law and Multicultural Legal Classes: Challenge or Opportunity?

Comparative Law and Multicultural Legal Classes: Challenge or Opportunity?

Author: Csaba Varga

Publisher: Springer Nature

Published: 2020-07-30

Total Pages: 218

ISBN-13: 3030468984

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This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.


Book Synopsis Comparative Law and Multicultural Legal Classes: Challenge or Opportunity? by : Csaba Varga

Download or read book Comparative Law and Multicultural Legal Classes: Challenge or Opportunity? written by Csaba Varga and published by Springer Nature. This book was released on 2020-07-30 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.

American Comparative Law

American Comparative Law

Author: David S. Clark

Publisher: Oxford University Press

Published: 2022-09-02

Total Pages: 585

ISBN-13: 0195369920

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"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--


Book Synopsis American Comparative Law by : David S. Clark

Download or read book American Comparative Law written by David S. Clark and published by Oxford University Press. This book was released on 2022-09-02 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--

Forensic Psychology

Forensic Psychology

Author: Brent Van Dorsten

Publisher: Springer Science & Business Media

Published: 2007-05-08

Total Pages: 325

ISBN-13: 0306479230

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This book includes a discussion of the propagation of forensic psychology as a field of specialization, professional preparation issues for training as a forensic psychologist, unique ethical concerns, and an authoritative discussion of issues in several prominent areas of forensic psychology practice.


Book Synopsis Forensic Psychology by : Brent Van Dorsten

Download or read book Forensic Psychology written by Brent Van Dorsten and published by Springer Science & Business Media. This book was released on 2007-05-08 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes a discussion of the propagation of forensic psychology as a field of specialization, professional preparation issues for training as a forensic psychologist, unique ethical concerns, and an authoritative discussion of issues in several prominent areas of forensic psychology practice.

Courts and Comparative Law

Courts and Comparative Law

Author: Mads Andenas

Publisher: OUP Oxford

Published: 2015-07-30

Total Pages: 825

ISBN-13: 0191059048

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While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.


Book Synopsis Courts and Comparative Law by : Mads Andenas

Download or read book Courts and Comparative Law written by Mads Andenas and published by OUP Oxford. This book was released on 2015-07-30 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Comparative Law

Comparative Law

Author: Esin Örücü

Publisher: Bloomsbury Publishing

Published: 2007-10-12

Total Pages: 480

ISBN-13: 1847316980

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This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.


Book Synopsis Comparative Law by : Esin Örücü

Download or read book Comparative Law written by Esin Örücü and published by Bloomsbury Publishing. This book was released on 2007-10-12 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.

Methods and Legal Comparison

Methods and Legal Comparison

Author: Roberto. Scarciglia

Publisher: Edward Elgar Publishing

Published: 2023-08-28

Total Pages: 0

ISBN-13: 9781035308798

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This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems. Chapters introduce a historical perspective to provide readers with the tools for deeper comparative legal research, while also discussing the various methods of comparative law and their usefulness in legal education and research. Roberto Scarciglia outlines a detailed methodological framework for the study of complex global issues, and explores the idea that collaboration between scholars and the growing trend towards interdisciplinarity are necessary to study complex legal problems and avoid superficial comparisons. Providing a well-rounded exploration and navigation of this important topic, this book will be an essential companion for both undergraduate and postgraduate law students. Legal scholars and practitioners will benefit from the nuanced discussion of research on different legal systems.


Book Synopsis Methods and Legal Comparison by : Roberto. Scarciglia

Download or read book Methods and Legal Comparison written by Roberto. Scarciglia and published by Edward Elgar Publishing. This book was released on 2023-08-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems. Chapters introduce a historical perspective to provide readers with the tools for deeper comparative legal research, while also discussing the various methods of comparative law and their usefulness in legal education and research. Roberto Scarciglia outlines a detailed methodological framework for the study of complex global issues, and explores the idea that collaboration between scholars and the growing trend towards interdisciplinarity are necessary to study complex legal problems and avoid superficial comparisons. Providing a well-rounded exploration and navigation of this important topic, this book will be an essential companion for both undergraduate and postgraduate law students. Legal scholars and practitioners will benefit from the nuanced discussion of research on different legal systems.

Comparative School Law

Comparative School Law

Author: Ian Keith Falconer Birch

Publisher: Pergamon

Published: 1990

Total Pages: 404

ISBN-13:

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Comparative School Law provides a succinct analysis of the developed systems of school law in ten countries and includes a chapter which reviews school law in the European Community. School law is strictly jurisdictional and the question is posed as to whether there is a trend towards an increase internationally in school law. In many countries educational problems have been controlled by statutory provisions with the courts playing an important role in framing judicial doctrine for the operation of school systems. This book tries to establish whether the development of school law has had parallels in various countries and whether important differences exist. School law is strictly national and often regional or local and each author has produced an informative study of the school systems in their individual countries based on the common themes of sources of school law, the legal structure of school systems, school administration, the duties and rights of parents, children and teachers, discipline and negligence or malpractice. In the concluding chapter the editors draw together the main points of this comparative study to present the current relationship between education and law.


Book Synopsis Comparative School Law by : Ian Keith Falconer Birch

Download or read book Comparative School Law written by Ian Keith Falconer Birch and published by Pergamon. This book was released on 1990 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative School Law provides a succinct analysis of the developed systems of school law in ten countries and includes a chapter which reviews school law in the European Community. School law is strictly jurisdictional and the question is posed as to whether there is a trend towards an increase internationally in school law. In many countries educational problems have been controlled by statutory provisions with the courts playing an important role in framing judicial doctrine for the operation of school systems. This book tries to establish whether the development of school law has had parallels in various countries and whether important differences exist. School law is strictly national and often regional or local and each author has produced an informative study of the school systems in their individual countries based on the common themes of sources of school law, the legal structure of school systems, school administration, the duties and rights of parents, children and teachers, discipline and negligence or malpractice. In the concluding chapter the editors draw together the main points of this comparative study to present the current relationship between education and law.

Education and the Law

Education and the Law

Author: Gerald Stowbridge

Publisher: Routledge

Published: 2003-09-02

Total Pages: 285

ISBN-13: 1134878257

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This edited collection addresses a subject which is topical not only in Britain, where there has been a spate of laws and regulations affecting the structure and content of education, but also in developed and developing countries, where the overriding motivation in many cases has been to raise economic performance. The first part of the book deals with the way legislation affects education and training both directly and tangentially, and how the law through its influence on such things as participation rates, certification and employer involvement can affect the level and degree of economic activity. Contributors examine the education systems of the USA, Kenya, Japan, Germany, Nigeria, Britain and France to illustrate the interdependence of the elements involved. The second part focuses on the concept of curriculum control. Chapters take a comparative approach to what is taught in the classroom and how the implementation of legislation affects all aspects of a country's education system.


Book Synopsis Education and the Law by : Gerald Stowbridge

Download or read book Education and the Law written by Gerald Stowbridge and published by Routledge. This book was released on 2003-09-02 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection addresses a subject which is topical not only in Britain, where there has been a spate of laws and regulations affecting the structure and content of education, but also in developed and developing countries, where the overriding motivation in many cases has been to raise economic performance. The first part of the book deals with the way legislation affects education and training both directly and tangentially, and how the law through its influence on such things as participation rates, certification and employer involvement can affect the level and degree of economic activity. Contributors examine the education systems of the USA, Kenya, Japan, Germany, Nigeria, Britain and France to illustrate the interdependence of the elements involved. The second part focuses on the concept of curriculum control. Chapters take a comparative approach to what is taught in the classroom and how the implementation of legislation affects all aspects of a country's education system.