Comparative Law and Legal Traditions

Comparative Law and Legal Traditions

Author: George Mousourakis

Publisher: Springer Nature

Published: 2019-11-01

Total Pages: 323

ISBN-13: 3030282813

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The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.


Global Legal Traditions

Global Legal Traditions

Author: Michael J. Bazyler

Publisher: Carolina Academic Press LLC

Published: 2021

Total Pages: 888

ISBN-13: 9781531007850

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"Global Legal Traditions: Comparative Law for the 21st Century explores four legal traditions from around the world, both Western (German civil law and English common law) and non-Western (Chinese law and Islamic law). The book opens by focusing on European-based civil law, represented by German law, before moving on to the common law legal tradition seen in English law. Some comparative law casebooks and study guides stop with Western law but Global Legal Traditions continues by turning to the study of a secular non-European legal tradition by examining Chinese law, or more specifically the law of the People's Republic of China. The book's final section covers the non-state, religion-based legal tradition found in Islamic law, both in its pre-state form and how Islamic law manifests itself within the confines of sovereign state powers. Each part contains seven chapters intended to enable students to draw comparisons and make distinctions between the legal traditions under review. Each part includes five chapters covering common topics: history and development of the legal tradition; political process; judicial process; legal actors and legal education; and civil law. The remaining two chapters for each part focus on a legal subject most relevant to that legal tradition"--


比较法律传统

比较法律传统

Author: Mary Ann Glendon

Publisher:

Published: 1999

Total Pages: 344

ISBN-13: 9787503645723

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本书依次讨论了民法传统和普通法传统的历史起源、文化背景、传播分布、组织机构、职业群体、法律程序、法的渊源和部门等。


A Cosmopolitan Jurisprudence

A Cosmopolitan Jurisprudence

Author: Helge Dedek

Publisher: Cambridge University Press

Published: 2021-12-16

Total Pages: 325

ISBN-13: 1108841724

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Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.


Comparative Law in a Global Context

Comparative Law in a Global Context

Author: Werner F. Menski

Publisher: Cambridge University Press

Published: 2006-03-30

Total Pages: 565

ISBN-13: 1139452711

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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.


Comparative Law in a Changing World

Comparative Law in a Changing World

Author: Peter De Cruz

Publisher: Taylor & Francis

Published: 2024-11-01

Total Pages: 525

ISBN-13: 104027899X

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Providing a comprehensive and comparative analysis of the legal approach to key areas of law within different legal systems, this book offers a blueprint for comparative legal study by evaluating the current epistemological debate on comparative law and comparative legal research methods. Substantive law, the law of obligations, commercial and corporate law within the major legal systems of the world are all examined and compared. While France and Germany are generally used as the archetypal civil law jurisdictions and English law as the main common law comparator, this third edition also examines the Russian Federation in the post-Soviet era and socialist legal influences as well as non-Western legal traditions. Fully updated and revised to include all recent developments, this edition also includes a broad historical introduction and outlines changes in EC Law. It assesses the possibility of Europeanization of national legal systems and certain legal topics, the impact of the globalization of legal institutions and the evolving 'new world order' in the early twenty-first century. Written in a clear, user-friendly style, Comparative Law in a Changing World is an accessible source for undergraduates and postgraduates wishing to trace the influence of common law and civil law legal traditions on jurisdictions across the world.


Comparative Law

Comparative Law

Author: Mathias Siems

Publisher: Law in Context

Published: 2018-04-12

Total Pages: 531

ISBN-13: 1107182417

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The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.


Comparative Legal Studies: Traditions and Transitions

Comparative Legal Studies: Traditions and Transitions

Author: Pierre Legrand

Publisher: Cambridge University Press

Published: 2003-08-14

Total Pages: 532

ISBN-13: 110732033X

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The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.


Comparative Law of Obligations

Comparative Law of Obligations

Author: Vicente, Dário M.

Publisher: Edward Elgar Publishing

Published: 2021-12-09

Total Pages: 496

ISBN-13: 1789905818

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This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.