Comparing Legal Cultures
Comparing Legal Cultures

Author: Sören Koch

Publisher:

Published: 2020-08-10

Total Pages: 804

ISBN-13: 9788245033946

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In the present era of internationalisation of law, being able to analyse legal culture enables legal cooperation. However, legal culture is still more a theoretical concept than an analytical tool applied when approaching law. There are many kinds of legal cultures, concerning different groups of legal actors or covering different geographical areas, and they are at times overlapping. However, the national legal culture is still the one that has the largest influence on the everyday life of citizens and the day-to-day work of lawyers. In this book, the editors first theorize on and give practical guidance on how to identify, deconstruct and examine legal culture. Based on a common analytical framework, the editors and a large number of expert contributors explore central institutional and intellectual features of legal culture in 12 European countries next to USA, China and Australia allowing the reader to systematically compare legal cultures.This is the second and extended version of Comparing Legal Cultures, which is the first thorough and extensive book that analyses national legal cultures as an approach to comparative law.

Comparing Legal Cultures
Comparing Legal Cultures

Author: David Nelken

Publisher: Routledge

Published: 2017-03-02

Total Pages: 421

ISBN-13: 1351949969

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This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.

Comparing Legal Cultures
Comparing Legal Cultures

Author: Sören Koch

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9788245020915

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The changes in communication technology have hugely increased the interaction over geographical distances; hence given rise to new kinds of social relations in need of legal regulation by transnational law law valid across the jurisdictional borders of the nation state, and applied within. Law is therefore no longer mainly a national matter, and without an understanding of different legal cultures, the perception of the contemporary legal order will be incomplete. In the present era of internationalisation of law, the purpose of applying legal culture as an analytical tool is, in short, to make different notions of law and how law operates in society understandable to such an extent that they do not form obstacles for cooperation. This approach to legal culture takes it out of a purely academic setting and into the legal world outside the ivory tower. This means taking legal culture out of books and into action. This book aims at supplying the reader with tools to operationalize legal cultural knowledge in the everyday operations of law. In other words, the book you hold in your hands right now is produced with the ambition of managing the unmanageable concept of legal culture, and by this making it applicable when deciding the content of law.

The Method and Culture of Comparative Law
The Method and Culture of Comparative Law

Author: Maurice Adams

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 511

ISBN-13: 1782254935

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Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.

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.

Comparing Cultures
Comparing Cultures

Author: Michael Schnegg

Publisher: Cambridge University Press

Published: 2020-05-28

Total Pages: 237

ISBN-13: 1108487289

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Shows how comparative ethnographic methods can be successfully used to study important human concerns in anthropology.

A Comparative Study of Chinese and Western Legal Language and Culture
A Comparative Study of Chinese and Western Legal Language and Culture

Author: Falian Zhang

Publisher: Springer

Published: 2022-03-09

Total Pages: 428

ISBN-13: 9789811593499

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This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures “met.” Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.

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.

The Oxford Handbook of Comparative Constitutional Law
The Oxford Handbook of Comparative Constitutional Law

Author: Michel Rosenfeld

Publisher: OUP Oxford

Published: 2012-05-17

Total Pages: 1416

ISBN-13: 0191640166

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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Handbook on Legal Cultures
Handbook on Legal Cultures

Author: Sören Koch

Publisher: Springer Nature

Published: 2023-05-30

Total Pages: 1171

ISBN-13: 3031277457

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Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.