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Federalism And Legal Unification

Author: Daniel Halberstam
Publisher: Springer Science & Business Media
ISBN: 9400773986
Size: 10.71 MB
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How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

Choosing The Language Of Transnational Deals

Author: Patrick L. Del Duca
Publisher: American Bar Association
ISBN: 9781604429374
Size: 79.98 MB
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This book takes a comparative look at cross-border secured lending and commercial dispute resolution. It illustrates how parties involved in transactions can effectively structure their business to maximize their control of the language choice in which they deal. The book integrates investigations of national legal systems and various international organizations to illustrate the new institutitional dynamics through which the languages of transnational commerce and finance are being defined.

Aristotle And The Philosophy Of Law Theory Practice And Justice

Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer Science & Business Media
ISBN: 9400760310
Size: 37.97 MB
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The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.

The Internationalization Of Law And Legal Education

Author: Jan Klabbers
Publisher: Springer Science & Business Media
ISBN: 1402094949
Size: 22.78 MB
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The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.

The Interpretation Of Cultures

Author: Clifford Geertz
Publisher: Basic Books
ISBN: 0465093566
Size: 54.63 MB
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In The Interpretation of Cultures, the most original anthropologist of his generation moved far beyond the traditional confines of his discipline to develop an important new concept of culture. This groundbreaking book, winner of the 1974 Sorokin Award of the American Sociological Association, helped define for an entire generation of anthropologists what their field is ultimately about.

The Law S Delay

Author: C. H. van Rhee
Publisher: Intersentia nv
ISBN: 9050953883
Size: 29.23 MB
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Papers from a conference organised by Maastricht University Faculty of Law on 24-25 April 2003.

Mrs Shipley S Ghost

Author: Jeffrey Kahn
Publisher: University of Michigan Press
ISBN: 0472118587
Size: 52.14 MB
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An engaging exploration of the legal and policy questions surrounding U.S. national security and international travel

The Rule Of Law In Comparative Perspective

Author: Mortimer Sellers
Publisher: Springer Science & Business Media
ISBN: 9789048137497
Size: 54.93 MB
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This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.