Comparative

The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault...

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all...

This book shows how the Austrian Constitution has been shaped and interpreted by the fundamental events in Austria's modern history. At the same time it emphasises the way in which the Constitution establishes a parliamentary system, with additional...

The monograph discusses the problem of aerial terrorism, one of the biggest challenges humanity faces in the 21st century. Its main goal is to answer the question of whether international legal regulations serve as an effective tool in the fight against...

The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks - comparative, historical and constitutional - which make...

This book presents a short history and timeline of criminal procedure legislation in China. It first discusses the status of Human Rights Conventions and challenges resulting from human rights standards for Chinese criminal procedural law and practice...

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination...

This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9781509944941Author Kit BarkerFormat PaperbackPage Count 392Imprint Hart PublishingPublisher Hart PublishingWeight(grams) 156g

As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9789041110190Author Helmut KoziolFormat HardbackPage Count 144Imprint Kluwer Law InternationalPublisher Kluwer Law International

This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual...

This book engages in a theological critique of the legal frameworks and theoretical approaches of Australia, the US and England to create a peaceful coexistence of difference which supports both religious freedom and equality.It develops a new framework...

Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look...

Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9788813372385Author Riccardo GenghiniFormat PaperbackPage Count 336Imprint Kluwer Law InternationalPublisher Kluwer Law International

This book asks whether there is a coherent conception of equality in Kenya's 2010 Constitution and explores how competing and interrelated ideas of equality in it should be conceptualised, interpreted and applied. Making a significant contribution to the...

Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look...

This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and...

This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India...

What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap...

In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts...

The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: * Provide a detailed comparative examination of trust laws in...

Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting...

This book explores the intellectual contexts in which the development of tort law took place in Europe. With contributions from legal theorists, social and intellectual historians and comparative lawyers, it examines how conceptions of community and...

This book examines government ethics rules and their enforcement in China, as well as in three other jurisdictions for comparative insights. Empirical research methods (involving primarily semi-structured interviews) have been employed to explore the...

It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is...

Around the world there are a myriad of NGOs using human rights education (HRE) as a tool of community empowerment with the firm belief that it will help people improve their lives. One way of understanding these processes is that they translate universal...

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant's role as...

Thirty-eight papers written over fifty years show that anyone who wants to understand law can benefit from the insights of linguistics, history and anthropology. Equally important are the techniques of other disciplines, particularly the comparative...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9781009533645Author Francesco BiagiFormat HardbackImprint Cambridge University PressPublisher Cambridge University Press

Close corporations, which are legal forms popular with small and medium enterprises, are crucial to every major economy's private sector. However, unlike their 'public' corporation counterparts, close corporation minority shareholders have limited exit...

A myth exists that Jews can embrace the cultural components of Judaism without appreciating the legal aspects of the Jewish tradition. This myth suggests that law and culture are independent of one another. In reality, however, much of Jewish culture has...

New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions...

In this book one of the world's foremost legal historians attempts to explain what produced the private law of the western world as we know it today. Professor van Caenegem pays particular attention to the origins of the common law - civil law dichotomy,...

This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial...

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...

This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial...

This book examines the way in which judges in the top courts of nine different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are...

Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics...