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Scholarship, Practice and Education in Comparative Law

Author: John H. Farrar

Publisher: Springer Nature

Published: 2019-10-03

Total Pages: 223

ISBN-13: 9811392463

This book examines how law functions in a multitude of facets and dimensions. The contributions shed light on the study of comparative law in legal scholarship, the relevance of comparative law in legal practice, and the importance of comparative law in legal education. The book will particularly appeal to those engaged in the teaching and scholarship of comparative law, and those seeking to uncover the various significant dimensions of the workings of law. The book is organised in three parts. Part I addresses scholarship, with contributors examining comparative legal issues as critique and from a theoretical framework. Part II outlines practice, with contributors discussing the function of comparative law in such comparatively diverse areas as international arbitration, environment, and the rule of law. Part III appraises comparative law in education.

Comparative Law and Multicultural Legal Classes: Challenge or Opportunity?

Author: Csaba Varga

Publisher: Springer Nature

Published: 2020-07-30

Total Pages: 218

ISBN-13: 3030468984

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This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.

The Oxford Handbook of Comparative Law

Author: Mathias Reimann

Publisher: Oxford University Press

Published: 2019-03-26

Total Pages: 1536

ISBN-13: 0192565516

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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.

Stateless Law

Author: Helge Dedek

Publisher: Routledge

Published: 2016-03-03

Total Pages: 432

ISBN-13: 1317050193

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This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

Rethinking Legal Scholarship

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?

Practice and Theory in Comparative Law

Author: Maurice Adams

Publisher:

Published: 2014-05-14

Total Pages: 354

ISBN-13: 9781139525916

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A collection of essays exploring the gap between theory and practice in comparative legal studies.

Interdisciplinary Comparative Law

Author: Jaakko Husa

Publisher: Edward Elgar Publishing

Published: 2022-05-17

Total Pages: 256

ISBN-13: 9781802209778

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Comparative law scholars have long recognised the importance of looking beyond legal texts and incorporating interdisciplinary methods into the study of law, yet in practice such use of non-legal methods has remained modest. Interdisciplinary Comparative Law illuminates why the doctrinal approach to legal research has retained its strong position, offering a critical analysis of the difficulties of interdisciplinarity. Incisive and ambitious in scope, the book highlights why the comparative study of law benefits from employing the methods of other disciplines. Chapters explore the various ways in which different fields can learn from each other, taking a deep dive into the respective studies of legal history, linguistics, literature, economics, social theory, and international law. The result is a vibrant cross-section of the contrasts and parallels between the practices of law and other areas of research, demonstrating which are the easiest for comparatists to grasp and implement, and which present obstacles for the application of non-legal methods. This cutting-edge book is an essential read for advanced students and scholars of law and legal studies. Its diagnosis of interdisciplinarity as both a boon and bane in the study of law will be of especial interest to comparative law scholars.

Critical Perspectives on the Scholarship of Assessment and Learning in Law

Author: Alison Bone

Publisher: ANU Press

Published: 2019-07-31

Total Pages: 191

ISBN-13: 1760463000

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The Assessment in Legal Education book series offers perspectives on assessment in legal education across a range of Common Law jurisdictions. Each volume in the series provides: Information on assessment practices and cultures within a jurisdiction. A sample of innovative assessment practices and designs in a jurisdiction. Insights into how assessment can be used effectively across different areas of law, different stages of legal education and the implications for regulation of legal education assessment. Appreciation of the multidisciplinary and interdisciplinary research bases that are emerging in the field of legal education assessment generally. Analyses and suggestions of how assessment innovations may be transferred from one jurisdiction to another. The series will be useful for those seeking a summary of the assessment issues facing academics, students, regulators, lawyers and others in the jurisdictions under analysis. The exemplars of assessment contained in each volume may also be valuable in assisting cross-jurisdictional fertilisation of ideas and practices. This first volume focuses on assessment in law schools in England. It begins with an introduction to some recent trends in the culture and practice of legal education assessment. The first chapter focuses on the general regulatory context of assessment and learning in that jurisdiction, while the remainder of the book offers useful exemplars and expert critical discussion of assessment theories and practices. The series is based in the PEARL Centre (Profession, Education and Regulation in Law), in The Australian National University’s College of Law.

Mentoring Comparative Lawyers: Methods, Times, and Places

Author: Francesca Fiorentini

Publisher: Springer Nature

Published: 2019-11-22

Total Pages: 306

ISBN-13: 3030347540

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This volume features papers written in honor of Mauro Bussani, and celebrates the work and contributions of this renowned scholar of comparative law. The content reflects the various theoretical and practical areas in which he has already left a lasting mark. The essays explore the theory and practice of comparative law in different areas and contexts, and highlight innovative approaches to a large variety of hot-topic private and public law subjects. The authors include young scholars, lawyers, legal consultants, human rights activists, and practitioners, all of whom Professor Bussani has trained, supervised, and supported throughout their careers. The contributions emphasize the many ways in which Professor Bussani’s teaching and scientific output have enriched, revolutionized, and challenged both theory and practice. They cover e.g. the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.

Comparative Law as Critique

Author: Günter Frankenberg

Publisher: Edward Elgar Publishing

Published: 2016-04-29

Total Pages: 296

ISBN-13: 1785363948

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Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.