Search Results for legal-traditions-of-the-world

Legal Traditions of the World places national laws in the broader context of major legal traditions.

Author: H. Patrick Glenn

Publisher: Oxford University Press, USA

ISBN: 9780199669837

Category: Law

Page: 423

View: 455

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Legal Traditions of the World places national laws in the broader context of major legal traditions. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples.

This observation may seem almost perverse when made with respect to one of the world's oldest legal traditions, but entropy doesn't go away, and then there are all the other truths, claiming their due. hindu identity Hindu religion ...

Author: H. Patrick Glenn

Publisher: Oxford University Press, USA

ISBN: 9780199580804

Category: Law

Page: 418

View: 242

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'a superb book' J South Pacific L --

This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East.

Author: John Henry Merryman

Publisher: Stanford University Press

ISBN: 0804755698

Category: Law

Page: 173

View: 699

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This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events - such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition - and their significance for the civil law tradition.
2007-05-21 By John Henry Merryman

Author: James S. E. Opolot

Publisher:

ISBN: UOM:35112200334037

Category: Civil law

Page: 171

View: 914

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The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law.

Author: George Mousourakis

Publisher: Springer

ISBN: 3030282805

Category: Law

Page: 318

View: 961

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The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.
2019-11-11 By George Mousourakis

International legal scholars and lawyers have dedicated much thought and energy to enhancing their understanding of how judges at the International Court of Justice (ICJ) come to decide cases the way they do.

Author:

Publisher:

ISBN: OCLC:1129044284

Category:

Page: 221

View: 348

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International legal scholars and lawyers have dedicated much thought and energy to enhancing their understanding of how judges at the International Court of Justice (ICJ) come to decide cases the way they do. Although these studies of judicial behavior at the ICJ have provided insight into international judicial decision-making, still little is known about how international judges reach decisions. This project was an attempt to improve upon the explanations, given thus far, for the decisions made by ICJ judges in the cases brought before the Court. In this study I tried to ascertain whether and to what extent the legal tradition under which an ICJ justice has been educated and trained to practice law determines how she or he finds and applies the law in an international dispute. I also sought to answer the following question: Do the civil law and common law traditions differ in enough ways or to such a great extent as to render them distinct from one another? I began by examining the world's three principal legal traditions, civil law, common law, and socialist law, according to three criteria common to macrocomparative surveys on legal tradition: history, the conception of law, and the institutional elements of a legal system. The decisions of three ICJ cases were analyzed with a view to determining whether the justices voted along lines of legal tradition and/or discovered and applied the law in a manner typical of the legal tradition under which they were educated. From the analysis I concluded that legal tradition was not a significant variable in the judicial decision-making at the ICJ. The examination of the cases also indicated that the common law and civil law traditions appear to converging in so far as they have adopted the methods of the other tradition yet still diverging as they continue to reveal traditional differences.
1997 By

Legal Tradition and State Policy toward International Human Rights and Environmental Law Dana Zartner. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. ... Hassan, “The Sources of Islamic Law,” 69–70; Glenn, Legal Traditions of the World, 208.

Author: Dana Zartner

Publisher: Oxford University Press

ISBN: 9780199362110

Category: Political Science

Page: 336

View: 374

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Why is it that some countries comply with international laws, while others disregard them? Courts, Codes, and Custom argues that the degree to which states accept and comply with international legal norms is rooted in a country's domestic legal tradition. Offering a novel cultural-institutional theory to explain this variation, Dana Zartner looks specifically at state policy towards international human rights and environmental law. A state's legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, providing both direct and indirect influence on state policy. In the book, Zartner disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. This provides explanation for both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory, she presents a series of comparative case studies. These studies fall under five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). Zartner addresses a number of different themes, including the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.
2014-04-01 By Dana Zartner

These values support moral, political and procedural principles that together give content to a society's fundamental ideas about justice, civil order and the rule of law. In today's globalized world legal traditions do not exist in ...

Author: George Mousourakis

Publisher: Springer Nature

ISBN: 9783030282813

Category: Law

Page: 318

View: 993

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The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.
2019-11-01 By George Mousourakis

world society, and cultural forms of community versus political community, are manifested in the history of Western law and authority. These patterns may be said to be recurring. In older times, 'empire'was the preferred term or concept ...

Author: David B. Goldman

Publisher: Cambridge University Press

ISBN: 9781139467353

Category: Law

Page:

View: 436

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What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.
2008-02-07 By David B. Goldman

'Legal traditions' or 'religious legal traditions' are also more familiar terms for non-Muslim readers, because other ... see for example, Patrick Glenn H., Legal Traditions of the World, Sustainable Diversity in Law (Oxford University ...

Author: Kamran Hashemi

Publisher: BRILL

ISBN: 9789004165557

Category: Law

Page: 283

View: 539

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This book offers an exploration of aspects of the subject, Islam and Human Rights, which is the focus of considerable scholarship in recent years predominantly from Western scholars. Thus it is interesting and important to have the field addressed from a non -Western perspective and by an Iranian scholar. The study draws on Persian language literature that addresses both theological and legal dimensions of the theme. The work is also distinctive in that it tackles three areas that have been largely ignored in the literature. It undertakes a comparative study of the laws of several Muslim States with respect to religious freedom, minorities and the rights of the child. The study offers an optimistic vision of the fundamental compatibility of Islam and international human rights standards.
2008 By Kamran Hashemi