Comparative

Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas...

North American law has been transformed in ways unimaginable before 9/11. Laws now authorize and courts have condoned indefinite detention without charge based on secret evidence, mass secret surveillance, and targeted killing of US citizens, suggesting...

This tribute to Professor Arthur von Mehren from the Harvard Law School is a contribution to the evolving transatlantic dialogue on the conflict of laws. It contains ten contributions that discuss the problems conflict of laws is facing in a globalized...

Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a comparative study of canon law and secular legal theory. Canon law is analogous to the concept of...

Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to,...

The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key...

The government of Soviet Russia wrote new laws for Russia that were as revolutionary as its political philosophy. These new laws challenged social relations as they had developed in Europe over centuries. These laws generated intense interest in the West...

This book examines the law of product liability from a comparative perspective. With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of product liability in a number of key jurisdictions...

As we move towards a more global legal community, often with accompanying injustice and violence, Mireille Delmas-Marty demonstrates that there is an urgent need to reconstruct the national and international legal landscapes. Legal reasoning can be...

This tribute to Professor Arthur von Mehren from the Harvard Law School is a contribution to the evolving transatlantic dialogue on the conflict of laws. It contains ten contributions that discuss the problems conflict of laws is facing in a globalized...

Trade and the Environment is a penetrating analysis of the relation between trade and environmental protection policies in the EC and the US. It argues that the international tensions arising from policies designed to protect trade and the environment...

Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and...

We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the...

These are the proceedings of the 2nd Krefeld Historical Symposium of 1987 - a meeting of 34 distinguished historians to compare the constitutional history of Germany and the USA. Interdisciplinary in approach - an encounter between legal historians and...

The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including...

Mexican Law provides an overview of the Mexican legal system. It sets forth the basic rules and legal doctrines, surveys the key institutions that make and enforce the law in Mexico, and places them in their cultural context. It makes frequent...

For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the...

The Russian Federation is struggling, since Perestroika and the Glasnost, in a futile attempt to become a 'normal' member in the occidental family of market economies. The attempt largely fails because corporations do not live up to Western standards of...

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...

The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including...

Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in...

This comprehensive book compares the intersection of political forces and legal practices in five industrial nations-the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how...

The frontier between 'law' and 'politics' is not always clear-cut. A large area exists where courts operate, but where governments and parliaments also make decisions. Tim Koopmans compares the way American, British, French and German law and politics...

The right to property is an important part of most Commonwealth constitutions. This book examines the evolution of right to property and the changing trends in their interpretation by the courts. A number of specific issues are examined closely: * Which...

"Law and Poverty: Perspectives from South Africa and Beyond" is a collection of essays by leading South African and international experts, as well as emerging young scholars. The collection focuses on key theoretical and strategic questions...

For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding...

European Union equality and anti-discrimination law were revolutionized by the incorporation of Article 13 into the EC Treaty, adding new anti-discrimination grounds and new possibilities. This comprehensive 2007 volume provides a fresh approach to...

This book is a contribution to comparative constitutional law and deals with important changes in the United Kingdom, Canada, Australia and New Zealand, the original members of the present Commonwealth of Nations. It is based on lectures delivered at the...

In Judges, legislators and professors one of the world's foremost legal historians shows how and why continental and common law have come to diverge so sharply. Using ten specific examples he investigates the development of European law, not as the...

As we move towards a more global legal community, often with accompanying injustice and violence, Mireille Delmas-Marty demonstrates that there is an urgent need to reconstruct the national and international legal landscapes. Legal reasoning can be...

This book is a contribution to comparative constitutional law and deals with important changes in the United Kingdom, Canada, Australia and New Zealand, the original members of the present Commonwealth of Nations. It is based on lectures delivered at the...

The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal...

Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts...

This monograph addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty - what is competition and how does Article 81 ensure that competition is protected. After over 40 years of application and a period of...

Publicly funded legal aid has undergone rapid change in this century. Developing from charity to large scale, publicly funded schemes, legal aid flourished in many western countries in the 1960s and 1970s. But, during the 1980s governments began to lose...

An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve...

H. Patrick Glenn (1940-2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual...

Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies...

The role of Latin American courts in facilitating democracy and economic liberalization is considerable. But while national 'high courts' have been closely studied, the form, function, and empowerment of local courts are still not well understood. In...

The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic...