Rethinking Comparative Law

Rethinking Comparative Law PDF

Author: Glanert, Simone

Publisher: Edward Elgar Publishing

Published: 2021-10-19

Total Pages: 352

ISBN-13: 1786439476

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Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.

Rethinking International Law and Justice

Rethinking International Law and Justice PDF

Author: Charles Sampford

Publisher: Routledge

Published: 2016-04-08

Total Pages: 383

ISBN-13: 1317064119

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General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

Rethinking Legal Reasoning

Rethinking Legal Reasoning PDF

Author: Geoffrey Samuel

Publisher: Edward Elgar Publishing

Published: 2018-08-31

Total Pages: 368

ISBN-13: 1784712612

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‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?

Comparative Law in a Global Context

Comparative Law in a Global Context PDF

Author: Werner F. Menski

Publisher: Cambridge University Press

Published: 2006-03-30

Total Pages: 565

ISBN-13: 1139452711

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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Rethinking the Law School

Rethinking the Law School PDF

Author: Carel Stolker

Publisher: Cambridge University Press

Published: 2014-12-11

Total Pages: 471

ISBN-13: 1316123812

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Law, by its very nature, tends to think locally, not globally. This book has a broader scope in terms of the range of nations and offers a succinct journey through law schools on different continents and subject matters. It covers education, research, impact and societal outreach, and governance. It illustrates that law schools throughout the world have much in common in terms of values, duties, challenges, ambitions and hopes. It provides insights into these aspirations, whilst presenting a thought-provoking discussion for a more global agenda on the future of law schools. Written from the perspective of a former dean, the book offers a unique understanding of the challenges facing legal education and research.

Rethinking Legal Scholarship

Rethinking Legal Scholarship PDF

Author: Rob van Gestel

Publisher: Cambridge University Press

Published: 2017-02-02

Total Pages: 867

ISBN-13: 1316760502

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Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?

Rethinking the Masters of Comparative Law

Rethinking the Masters of Comparative Law PDF

Author: Annelise Riles

Publisher:

Published: 2001

Total Pages: 262

ISBN-13: 9781472559135

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Comparative Law is experiencing something of a renaissance, as legal scholars and practitioners traditionally outside the discipline find it newly relevant in projects such as constitution and code drafting, the harmonization of laws, court decisions, or as a tool for understanding the globalization of legal institutions. On the other hand, comparativists within the discipline find themselves asking questions about the identity of comparative law, what it is that makes comparative law unique as a discipline, what is the way forward. This book, designed with courses in comparative law as well as.

The Writing on the Wall

The Writing on the Wall PDF

Author: Aeyal Gross

Publisher: Cambridge University Press

Published: 2017-04-06

Total Pages: 461

ISBN-13: 1107145961

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A critical analysis of Israel's control of the Occupied Palestinian Territory, advocating a normative and functional approach.

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