Comparative

The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two...

In contemporary pluralist states, where faith communities live together, different religious symbols and practices have to coexist. This may lead to conflicts between certain minority practices and the dominant majority, particularly around the...

There is a considerable mismatch between theories on the influence of the EU outside its borders and concrete knowledge on whether and to what extent the suggested impact is of any practical relevance. The aim of this book, therefore, is to help close...

Institutional bypass is a reform strategy that creates alternative institutional regimes to give citizens a choice of service provider and create a form of competition between the dominant institution and the institutional bypass. While novel in the...

Comparative Law offers a thorough grounding in the subject for students and scholars alike, covering essential academic discussions and comparative law methodology. It critically debates both traditional and modern approaches to the discipline and uses...

Legal lexicography or jurilexicography is the most neglected aspect of the discipline of jurilinguistics, despite its great relevance for translators, academics and comparative lawyers. This volume seeks to bridge this gap in legal literature by...

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...

As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and inevitably clashes between state law and customary law. These cultural conflicts...

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...

This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in...

Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering...

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...

Federalism remains a highly contentious issue in the United Kingdom, but however suspect the 'F' word may be, a substantial amount of devolution has already become part of the local landscape and more may yet follow. With the competence for a number of...

EU Law provides a comprehensive examination of the law of the European Union in two distinct parts, covering the institutions, structure and processes of the EU as well as the substantive law, as enacted by the Lisbon Treaty. Beginning by examining its...

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...

Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust...

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...

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...

The Judicial System of Russia paints a portrait of the courts of the Russian Federation under Putin, how they work in practice, and what shapes the behaviour of its judges. It stresses the dual nature of a judicial system, where ordinary cases are for...

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...

This book offers a collection of essays by arguably the most popular legal historian writing today. Most of the essays have not been previously published, and those which have appeared previously have been re-written to make the collection read more...

This book introduces "biolaw" as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term "biolaw" is already in use in academic and research activities to denote legal issues emerging...

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...

Over the last decade, the world has watched in shock as populists swept to power in free elections. From Manila to Warsaw, Brasilia to Budapest, the populist tide has shattered illusions of an inexorable march to liberal democracy. Eschewing simplistic...

Red Tape tells the sometimes astonishing story of the making of laws, both good and bad, the recent explosion in rule making, and the failure of repeated attempts to rationalise the statute books - even governments themselves are concerned about the...

This volume, the first of its kind in the English language, examines the law and politics of federalism and decentralization in the Middle East and North Africa. Comprised of eleven case studies examining the experience across the region, together with...

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible...

This book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity...

How do modern Muslims' attitudes to marital violence and patriarchy relate to the Islamic tradition? In recent years, discussion regarding the interpretation of the Qur'an has become highly controversial. Especially contentious is passage 4:34, which...

Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It...

Oxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of...

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...

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

"This collection of essays mirrors the unusual breadth of Colin Tapper's learning and publications. In recognition of his reputation, the authors constitute an international group of scholars themselves pre-eminent in their fields. The eleven essays...

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...

Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations,...

This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as...

This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and...

"A General Jurisprudence of Law and Society" is a theoretical and sociological exploration of the relationship between law and society. Law is generally understood to be a mirror of society-a reflection of its customs and morals-that functions...

During the early Middle Ages, King Alfred (reigned 871-99) gained fame as the ruler who brought learning back to England after decades of Viking invasion. Although analysis of Alfred's canon typically focuses on his religious and philosophical texts,...