Paradigms in Modern European Comparative Law

Paradigms in Modern European Comparative Law

Author: Balázs Fekete

Publisher: Bloomsbury Publishing

Published: 2021-04-22

Total Pages: 240

ISBN-13: 1509946942

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This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.


Paradigms in Modern European Comparative Law

Paradigms in Modern European Comparative Law

Author: Balázs Fekete

Publisher: Bloomsbury Publishing

Published: 2021-04-22

Total Pages: 244

ISBN-13: 1509946934

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This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.


Shifting Paradigms in International Investment Law

Shifting Paradigms in International Investment Law

Author: Steffen Hindelang

Publisher: Oxford University Press

Published: 2016-01-22

Total Pages: 497

ISBN-13: 0191058289

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International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.


Ownership Paradigms in American Civil Law Jurisdictions

Ownership Paradigms in American Civil Law Jurisdictions

Author: Agustín Parise

Publisher: BRILL

Published: 2017-01-16

Total Pages: 393

ISBN-13: 9004338209

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In Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas, thereby showing that current understandings are not uncontested dogmas. This book is the result of research undertaken on both sides of the Atlantic, and covers the 16th to 20th centuries. Agustín Parise offers readers a journey across time and space, by studying three American civil law jurisdictions in three successive time periods. His book first highlights the added value that comparative legal historical studies may bring to Europe and the Americas. It then addresses, in chronological order, the three ownership paradigms (i.e., Allocation, Liberal, and Social Function) that he claims have developed in the Americas.


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.


Theory of Legal Science

Theory of Legal Science

Author: Aleksander Peczenik

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 698

ISBN-13: 9400964811

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Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983


The New Global Law

The New Global Law

Author: Rafael Domingo

Publisher: Cambridge University Press

Published: 2010-02-26

Total Pages: 241

ISBN-13: 1139485946

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The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.


An Introduction to Comparative Law Theory and Method

An Introduction to Comparative Law Theory and Method

Author: Geoffrey Samuel

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 230

ISBN-13: 1849467552

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This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.


The Rise of Comparative History

The Rise of Comparative History

Author: Balázs Trencsényi

Publisher: Central European University Press

Published: 2021-05-30

Total Pages: 0

ISBN-13: 9789633863619

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This book—the first of a three-volume overview of comparative and transnational historiography in Europe—focuses on the complex engagement of various comparative methodological approaches with different transnational and supranational frameworks. It considers scales from universal history to meso-regional (i.e. Balkans, Central Europe, etc.) perspectives. In the form of a reader, it displays 18 historical studies written between 1900 and 1943. The collection starts with the French and German methodological discussions around the turn of the twentieth century, stemming from the effort to integrate history with other emerging social sciences on a comparative methodological basis. The volume then turns to the question of structural and institutional comparisons, revisiting various historiographical ventures that tried to sketch out a broader (regional or European-level) interpretative framework to assess the legal systems, patterns of agrarian production, and the common ethnographic and sociocultural features. In the third part, a number of texts are presented, which put forward a supra-national research framework as an antidote to national exclusivism. While in Western Europe the most obvious such framework was pan-European, in East Central Europe the agenda of comparison was linked usually to a meso-regional framework. The studies are accompanied by short contextual introductions including biographical information on the respective authors.