Legal Method
Legal Method

Author: Ian McLeod

Publisher: Bloomsbury Publishing

Published: 2020-04-16

Total Pages: 368

ISBN-13: 1137122706

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The Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors. This ninth edition of Legal Method provides a lively introduction to the nature of the English legal system and its sources, and to the techniques which lawyers use when handling those sources. The text assumes no prior knowledge and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited. This is an ideal course companion for both law undergraduate and GDL/CPE students. Includes end of chapter summaries and self-test exercises.

European Legal Method
European Legal Method

Author: Ulla Boegh Neergaard

Publisher: Djoef Publishing

Published: 2011

Total Pages: 0

ISBN-13: 9788757423778

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This book examines the extent to which it is possible to identify a coherent legal method (a doctrine of the sources of law and their interpretation) that may be applied when analyzing EU law and the law of EU Member States. European Legal Method: Paradoxes and Revitalisation looks at what characterizes the sources of law and the interpretation methods that are actually used by European legal actors, especially judges and researchers. It examines the changes in the relative importance of various sources of law that occur in connection with the integration of EU law into national law.

European Legal Methodology, 2nd Edition
European Legal Methodology, 2nd Edition

Author: Karl Riesenhuber

Publisher:

Published: 2021-09-02

Total Pages: 714

ISBN-13: 9781839701368

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"EU law is an autonomous legal system. It requires its own methodology. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed. The temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union on the other raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope ('gold-plating')? Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas. Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts."--Back cover.

Eu Law as a Creative Process
Eu Law as a Creative Process

Author: Pauline Stephanie Phoa

Publisher: Europa Law Publishing

Published: 2021-12-23

Total Pages: 308

ISBN-13: 9789462512788

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All legal texts tell us stories in many ways. What stories, what narratives, can be found in the case law of the Court of Justice of the European Union? This book invites the reader to think of the world of EU law as a creative process. From such a perspective, the adjudicative praxis of the Court is an intellectual, cultural, literary activity, in which the reader can imagine him- or herself participating. The author develops a novel hermeneutic methodology to examine the textual performance of the Court, by combining the work of American 'Law and Literature' scholar James Boyd White with the work of French philosopher Paul Ricoeur. This methodology allows for an analysis of the role played by the Court in its legal reasoning and the vision of humanity it demonstrates: narratives of 'self' and 'other.' The synthesis of two case studies (on economically inactive EU citizens' access to social benefits, and on data protection and privacy) results in an open-ended and self-reflective examination of the narratives about human agency and human responsibility in the case law of the Court of Justice European Union.

The Oxford Handbook of European Legal History
The Oxford Handbook of European Legal History

Author: Heikki Pihlajamäki

Publisher: Oxford University Press

Published: 2018-06-28

Total Pages: 1217

ISBN-13: 0191088374

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European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Methodologies of Legal Research
Methodologies of Legal Research

Author: Mark Van Hoecke

Publisher: Bloomsbury Publishing

Published: 2011-02-28

Total Pages: 320

ISBN-13: 1847317804

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Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.

Solidarity in EU Law
Solidarity in EU Law

Author: Andrea Biondi

Publisher: Edward Elgar Publishing

Published:

Total Pages: 235

ISBN-13: 1783477784

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The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.

Council of Europe Law
Council of Europe Law

Author: Florence Benoît-Rohmer

Publisher: Council of Europe

Published: 2005-01-01

Total Pages: 248

ISBN-13: 9287155941

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Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.

Nordic and Germanic Legal Methods
Nordic and Germanic Legal Methods

Author: Ingvill Helland

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9783161530623

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To gain a proper understanding of a foreign legal system, a legal scholar cannot rely on written sources alone. He must also familiarise himself with how these are interpreted and applied to hard cases. However, materials explaining legal methods are often difficult to access for foreign lawyers, as they tend to be written in the national language and build on a series of preconceptions inherent to the specific legal order. It is therefore the purpose of this book to provide the comparative legal scholar with the tools to overcome some of these initial obstacles and gain a better understanding of how colleagues from different legal systems think about law. The book gives an introduction to the legal methods of the countries in the Nordic and Germanistic legal families, primarily addressed to foreign readers, thus explaining also those unspoken preconceptions. It further seeks historical and cultural explanations for present-day legal methods, and explores the impact of internationalisation as well as the possibility of a common European legal method.