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English French German Comparative Law

Author: Raymond Youngs
Publisher: Routledge Cavendish
Size: 16.75 MB
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Brought right up to date, this fully revised new edition includes the incorporation of the European Convention on Human Rights and devolution in the UK, revisions to the Civil Code in Germany and a wide variety of new case law. A truly comparative analysis considering the differing approaches to common areas of law in England, France and Germany, it is ideal for both undergraduates on comparative law courses and students who require a good introduction to French or German law. Introducing the sub-topics in each chapter with the relevant material from the English system, this book provides straightforward comparison, analysis and easy assimilation of other systems. With a wealth of translations of relevant French and German codal material and references to a wide selection of cases it examines: constitutions sources of law system of courts human rights contract and tort. An invaluable tool for those studying comparative law, international law and European law

English French And German Comparative Law

Author: Raymond Youngs
Publisher: Routledge
ISBN: 1859412890
Size: 52.77 MB
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This book is intended for students of comparative law,French law and German law. It will also be useful to any law student who is interested in the nature and functions of law rather than just the black letter law of one legal system. The areas of law dealt with are divided into small sections and the English, French and German approaches to each of these are considered. Where appropriate, the position in European human rights law or European Community law is also covered. The student with a knowledge of English law will find features of the other systems easy to assimilate, as each sub-topic is compared with the relevant material in the English system. The text includes translations of relevant French and German codal material, and references to a wide variety of relevant cases from all the jurisdictions. Each chapter is followed by questions, some of a theoretical nature and other posing practical problems for solution under the rules of each of the three systems.

Comparative Legal Linguistics

Author: Heikki Mattila
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409493164
Size: 22.54 MB
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The language of law reflects the overlapping, competing and co-existing nature of legal discourse: its form both the product of its linguistic history and a response to the fluidity of legal culture. This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French and English. Each chapter includes a historical overview of the growth of the language, its international use, its coherence in the various countries using it and its relationship to cognate legal languages. Where relevant, the characteristics of legal cultures are described to explain the features of the legal language. The work will be a valuable resource for students, researchers and practitioners in the areas of comparative law, legal theory, semiotics, and linguistics.

Comparative Law

Author: Mathias Siems
Publisher: Cambridge University Press
ISBN: 1316865452
Size: 32.89 MB
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Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.

Family Law Legislation Of The Netherlands

Author: Ian Sumner
Publisher: Intersentia nv
ISBN: 9050953409
Size: 65.65 MB
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With the Netherlands being the first country in the world to open civil marriage to same-sex couples, there has never been a better time to publish the first ever complete English translation of Dutch family law. This book gives the reader, academic and professional practitioner alike, an opportunity to take cognizance of this important field of law. Both the publisher and the translators hope that this book will find its way into the hands of the large number of non-Dutch speaking persons living in the Netherlands whose life is affected by the law, which until now was not readily accessible. This work, thanks to the translation of the rules of Private International Law in the field of family law, also provides lawyers, civil servants and consular officers with insight into the applicable rules in international cases. It is hoped that this work will also further contribute to the development of an international legal discourse on the development of family law in other jurisdictions, whilst allowing the comparison with the law as in force in the Netherlands on the 1st October 2003.

Courts And Comparative Law

Author: Mads Andenas
Publisher: OUP Oxford
ISBN: 019105903X
Size: 38.39 MB
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While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Comparative Law Engaging Translation

Author: Simone Glanert
Publisher: Routledge
ISBN: 1135047464
Size: 21.33 MB
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In an era marked by processes of economic, political and legal integration that are arguably unprecedented in their range and impact, the translation of law has assumed a significance which it would be hard to overstate. The following situations are typical. A French law school is teaching French law in the English language to foreign exchange students. Some US legal scholars are exploring the possibility of developing a generic or transnational constitutional law. German judges are referring to foreign law in a criminal case involving an honour killing committed in Germany with a view to ascertaining the relevance of religious prescriptions. European lawyers are actively working on the creation of a common private law to be translated into the 24 official languages of the European Union. Since 2004, the World Bank has been issuing reports ranking the attractiveness of different legal cultures for doing business. All these examples raise in one way or the other the matter of translation from a comparative legal perspective. However, in today’s globalised world where the need to communicate beyond borders arises constantly in different guises, many comparatists continue not to address the issue of translation. This edited collection of essays brings together leading scholars from various cultural and disciplinary backgrounds who draw on fields such as translation studies, linguistics, literary theory, history, philosophy or sociology with a view to promoting a heightened understanding of the complex translational implications pertaining to comparative law, understood both in its literal and metaphorical senses.

Comparative Legal Linguistics

Author: Heikki E.S. Mattila
Publisher: Routledge
ISBN: 1317163028
Size: 51.34 MB
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This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French, Spanish and English. This second edition has been fully revised, updated and enlarged. A new chapter on legal Spanish takes into account the increasing importance of the language, and a new section explores the use (in legal circles) of the two variants of the Norwegian language. All chapters have been thoroughly updated and include more detailed footnote referencing. The work will be a valuable resource for students, researchers, and practitioners in the areas of legal history and theory, comparative law, semiotics, and linguistics. It will also be of interest to legal translators and terminologists.

Comparative Law

Author: Esin Örücü
Publisher: Bloomsbury Publishing
ISBN: 1847316980
Size: 62.96 MB
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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 methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.