Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
First published in 1997, this volume constitutes a collection of new papers by more than 20 United Kingdom and International experts on general and specific issues relating to the reform of all aspects of property law. Topics covered include the language of property law and the dangers of reform, the role of the Law Commission and the workings of Parliamentary procedures, registration of title to land, landlord and tenant, land pollution, mortgages, sale of goods, the Hague Convention on trusts, together with general comparative papers and papers dealing with specific issues of property law reform affecting Hong Kong, Ireland, Scotland and South Africa. The volume arises out of the successful conference 'The Reform of Property Law' hosted by the Centre for Property Law at The University of Reading in 1996.
This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.
Nothing provides as much material for comparative legal study as the great variety of rule-making that characterizes land law. Land law is perhaps the only legal area in which the leveling march of globalized uniformity has had to yield to the progressive development of local customary law. It is a rich and rewarding field for comparative law scholars, a field with a diverse past that resists classification and an equally unpredictable future. This engaging book presents fourteen stimulating essays, all originally presented at the 2001 Annual Colloquium of the International Association of Legal Science, held in Santa Cruz de Tenerife, Canary Islands, in October 2001. These essays, all by leading scholars in the field, deal with a broad array of significant issues, including such debates as the following: Public vs. private property: a meaningful distinction? How customary law defeats the purpose of state land law Land ownership: to pollute or not to pollute? There are also detailed discussion of the special land needs of small islands, private residential governments, regulatory takings, land transfer, mortgage law, securities in property transactions, housing, town planning, agricultural land use, and water and riparian rights. The scope is global, with attention to the great differences in terminology and even in basic legal concepts. The lasting contribution of this symposium lies in its exposure of the enormous intellectual wealth arising from the numerous different legal techniques used to solve land use problems. No lawyer or legal scholar, no matter how conversant with land law, will come away from this book without valuable new ideas.
This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
The essays in this volume offer global perspectives on crucial contemporary issues such as economic development, the persistence of customary law, "offshore" jurisdictions, family law and succession, land tenure, the forging of national constitutions, human rights violations, and the treatment of ethnic minorities. They portray the laws of Asian and African countries as equal manifestations of legal culture in a shrinking world. Rendering Asian and African legal systems and traditions in an accessible form to a non-Asian and non-African audience, this volume will sharpen the sensitivity of academics and practitioners everywhere. A special classroom adoption price is available. Published under the Transnational Publishers imprint.
Legal lexicography or jurilexicography is the most neglected aspect of the discipline of jurilinguistics, despite its great relevance for translators, academics and comparative lawyers. This volume seeks to bridge this gap in legal literature by bringing together contributions from ten jurisdictions from leading experts in the field. The work addresses aspects of legal lexicography, both monolingual and bilingual, in its various manifestations in both civilian and common law systems. It thus compares epistemic approaches in a subject that is inextricably bound up with specific legal systems and specific languages. Topics covered include the history of French legal lexicography, ordinary language as defined by the courts, the use of law dictionaries by the judiciary, legal lexicography and translation, and a proposed multilingual dictionary for the EU citizen. While the majority of contributions are in English, the volume includes three written in French. The collection will be a valuable resource for both scholars and practitioners engaging with language in the mechanism of the law.
