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Author: K. Zweigert
Publisher: Martinus Nijhoff Publishers
Published: 1982-03-01
Total Pages: 118
ISBN-13: 9789024730117
DOWNLOAD EBOOKNo Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
Author: David S. Clark
Publisher: Oxford University Press
Published: 2022-09-02
Total Pages: 585
ISBN-13: 0195369920
DOWNLOAD EBOOK"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"--
Author: Academie de Droit International
Publisher: Martinus Nijhoff Publishers
Published: 1998-06-03
Total Pages: 420
ISBN-13: 9789041110169
DOWNLOAD EBOOKThe Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - Souverainete territoriale et globalisation des marches: le domaine d'application des lois contre les restrictions de la concurrence, par J. BASEDOW, professeur a l'Universite libre de Berlin. The number of national laws that protect competition against private restrictions are constantly increasing. Their application to trans-boundary situations poses difficult problems for both private international law and public international law. The course deals with both, either with respect to application of the "lex fori" or with respect to application of foreign laws. - Enforcement in the International Context by K.D. KERAMEUS, Professor at the University of Athens. In recent years, enforcement proceedings have gone through a comprehensive reform in many countries. Furthermore, modern enforcement increasingly relies on foreign judgements. The course focuses on three subjects: the comparative element in recent codifications and case-law developments in the area of enforcement: salient and converging trends in the enforcement of foreign judgments on the basis of domestic law or international conventions: and the delimitation of "lex fori"and foreign law during the enforcement proceedings. To access the abstract texts for this volume please click here
Author: Alb. Breton
Publisher: Springer Science & Business Media
Published: 2012-12-06
Total Pages: 270
ISBN-13: 9400906455
DOWNLOAD EBOOKI. The concept of competition played a central role in the very first attempts to apply the tools of economics to the analysis of politics. Adopting Hotelling's (1929) industrial organization model of imperfect competition in markets in which space has a predominant role, Downs (1957), following on some perceptive insights of Schumpeter (1942), was able to formulate a model of electoral competition in which political parties, seeking the support of citizens, compete against each other in offering policies designed to elicit their vote. Downs' model and the numerous variants to which it gave birth soon became the major component of what was to become Public Choice Theory. The enormous efforts of the last 30 years devoted to modelling electoral competition have helped improve our understanding of politics and have contributed a basic element that undoubtedly will remain essential to any reasonably complete theory of politics. But whatever may have been early expectations, it is now clear that electoral competition will only be one such element. More recently, the idea of competition has been used to model interest-group behavior. Becker (1983), building on earlier work by Bentley (1908), Truman (1958), Olson (1965), Stigler (1971) and Peltzman (1976), applied the Public Finance analysis of the excess-burden of taxes and subsidies - to which, incidentally, Hotelling (1938) had made pioneering contribution- to produce a model in which competition between interest groups determines an equilibrium distribution of income.
Author: Alina Kaczorowska
Publisher: BRILL
Published: 2024-01-15
Total Pages: 173
ISBN-13: 900463682X
DOWNLOAD EBOOKAuthor: Thomas Neumann
Publisher: Walter de Gruyter
Published: 2012-04-02
Total Pages: 292
ISBN-13: 3866539622
DOWNLOAD EBOOKAuthor: Andrea Stazi
Publisher: Springer Nature
Published: 2021-12-08
Total Pages: 152
ISBN-13: 3030832406
DOWNLOAD EBOOKThe book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.
Author: Markku Kiikeri
Publisher: Springer Science & Business Media
Published: 2012-12-06
Total Pages: 511
ISBN-13: 9401009775
DOWNLOAD EBOOKComparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined. The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.
Author: Friedrich Juenger
Publisher: BRILL
Published: 2021-10-25
Total Pages: 457
ISBN-13: 9004480439
DOWNLOAD EBOOKFriedrich K. Juenger on the conflict of laws is always worth attending to. Rejecting the "conventional wisdom" that prevails in the field, he sees the conflict of laws not as a discipline devoid of substantive values but as a powerful catalyst for multistate justice. Here is a wide-ranging collection of essays on a variety of problems posed by transactions that transcend state and national borders. The essays include a comparison of jurisdiction issues in the United States and the European Communities, opinions on forum shopping, a critique of interest analysis techniques, and a plea for a comparative approach to choice-of-law issues. Invaluable studies in the extraterritorial application of United States antitrust law, recognition of foreign money judgments and divorces, and regional conventions round out the collection. Published under the Transnational Publishers imprint.
Author: Hasia R. Diner
Publisher: JHU Press
Published: 1995-10
Total Pages: 404
ISBN-13: 9780801850653
DOWNLOAD EBOOKSeeking the reasons behind Jewish altruism toward African Americans, Hasis Finer shows how-in the wake of the Leo Frank trial and lynching in Atlanta-Jews came to see that their relative prosperity wa sno protection against the same social forces that threatened blacks. Jewish leaders and organizations genuinely believed in the cause of black civil rights, Diner suggests, but they also used that cause as a way of advancing their own interests-launching a vicarious attack on the nation that they felt had not lived up to its own ideals of freedom and equality.
