Comparative

Vehement resentment and indignation are pervasive in societies emerging from dictatorship or civil conflict. How can institutions channel these emotions without undermining the prospects for democracy? Emphasizing the need to recognize and constructively...

This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which...

This book offers insights into the state of EU-Korea relations and considers potential lessons for other bilateral and regional initiatives. Every essay in this volume is written by European and Korean experts in international law. Each examines a...

This is a unique study of the film musical, a global cinema tradition. The musical is one of cinema's few genuinely international genres but it has never been studied as a global sensation. This book fills this critical gap in film studies as it brings...

China is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster...

Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the...

The Human Rights Act (HRA) of the UK, 1998, unlike systems of parliamentary sovereignty and judicial supremacy, promised a new, 'balanced' model for the protection of rights, which conferred courts with limited power of review over legislation. This book...

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid...

Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world's legal families to those of jurisdictions containing not only mixtures of common and civil...

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty...

For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an...

This volume of essays contributes to the understanding of global law reform by questioning the assumption in law and development theory that laws fail to transfer because of shortcomings in project design and implementation. It brings together leading...

There is much confusion over the 'Constitution', and this book provides an in-depth legal analysis of the institutional aspects of the Constitutional Treaty which, if ratified by the 25 EU Member States, would govern the European Union. Piris argues...

This book will aid understanding and interpretation of the Californian, UK and Australian Modern Slavery Acts, and will provide an in-depth three-way comparative analysis between the three Acts. Modern slavery is a new legal compliance issue, with new...

A key intermediary between courts and the public are the journalists who monitor the actions of justices and report their decisions, pronouncements, and proclivities. Justices and Journalists: The Global Perspective is the first volume of its kind - a...

The new wave of populism that has emerged over the last five years in Europe and in the US urgently needs to be better understood in a comparative and historical context. Using Italy - including the experiment of a self-styled populist coalition...

This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective.The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right...

Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all...

This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the 'leading works' of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary...

This is a key reference tool for business managers, lawyers and students of international commercial agreements. What considerations do you need to take into account when planning an international commercial agreement? What writing techniques will ensure...

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...

For fifty years, the first edition of The Italian Legal System has been the gold standard among English-language works on the Italian legal system. The book's original authors, Mauro Cappelletti, John Henry Merryman, and Joseph M. Perillo, provided not...

This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the domestic legal orders of over 190 sovereign states on the...

The threat of personal harm and destruction from terrorist attacks is nowhere near as great as in Arab nations. However, are counter-terrorism laws in the Arab world formulated and enforced to protect or oppress? Colonialism, Neo-Colonialism, and...

This book's essays seek to cleanse comparative law of some of the epistemic detritus it has been collecting and that has been cluttering its theory and practice to the point where this flotsam has effectively stultified 'good' comparison. While a...

'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and...

In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent significant reforms to their respective judicial appointments processes. Though very different judicial institutions, they adopted very similar - and rather...

The most effective international legal system in the world exists in Europe. It works much like a domestic system, where violations of the law are brought to court, legal decisions are respected, and the autonomous influence of law and legal rulings...

This collection of readings places side by side the principal doctrines of contracts, torts, unjust enrichment, and property in the cases of the United States, England, France, Germany and China. It presents code provisions, cases, and other legal...

This book systematically identifies the challenges and features of law and development, as faced by Small Island Developing States (SIDS). The book contextualizes this through the case study of Niue, a self-governing state in free association with New...

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Explores the characteristics of the Roman Republic’s constitution between 287-133 BC.

Equality's Guardians offers an unparalleled comparative analysis of constitutional equality case law from apex courts across 18 jurisdictions worldwide, including key international human rights treaties. This groundbreaking book aims to map various...

The authors set the following research goals: 1) to define the concept of free legal aid, taking into consideration the standards of the Council of Europe (especially from the European Convention on Human Rights and soft law standards) and the Charter of...

This innovative book delves into the concept of social justice in the Visegrad countries through a rigorous examination of two demographics: working mothers and the unemployed. Using new empirical data, Sara Hungler analyses the experiences of these...

Principles of French Constitutional Law offers a concise and accessible account of the key principles and rules of constitutional law in the French legal system, presenting a much needed up to date overview of this rapidly changing subject.The textbook...

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This prescient...

Principles of French Constitutional Law offers a concise and accessible account of the key principles and rules of constitutional law in the French legal system, presenting a much needed up to date overview of this rapidly changing subject.The textbook...

This book provides a practical introductory guide to comparative law. Fernanda G. Nicola and Günter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects...

This book's essays aim subversively and resolutely to replace the hegemonic discursive frame governing comparative law. Beyond harnessing negative critique to resist the orthodoxy's self-assured cognitive assumptions, at once unexamined and indefensible,...