"The German original of this influential treatise on the basic methods of legal science introduces the student to the methods of finding, interpreting, and applying the law, as well as to the basic ideas and principles related to the concept, function, and purpose of the law. This translation's unique value lies in the fact that it is not a gloss, not secondary literature, not an interpretation, and not a summary - it is a direct, primary source that makes the perspective of the German student of law on the ideas that have shaped legal practice, both in Germany and on the continent of Europe, available to an English-speaking audience for the first time."--BOOK JACKET.

It is thirteen years since the appearance of the successful second edition of this convenient English-language introduction to the law of Germany. This new edition covers all the significant changes and innovations that have occurred during that period, encompassing the pervasive impacts of European Union law and of globalization, as well as the greatly increased activity of the German legislature in every area addressed in this volume. With fifteen lucid chapters written by academic experts in their respective fields of law, as well as detailed bibliographies, this is the ideal starting point for research whenever a question of German law must be answered. The authors clearly explain the legal concepts, customs, and rules arising from such basic elements as the following: – characteristic problems of German legal unity; – principles and practices of constitutional law; – administrative law and procedure; – the German Commercial Code; – formation and conduct of corporations and partnerships; – contracts; – tort liability; – property rights; – family law; – succession and inheritance; – labor and employment; – issues of private international law; – courts and civil procedure; – the penal code and criminal procedure. Introduction to German Law, Third Edition provides an authoritative description of all issues likely to emerge in the course of normal application of German law in any context.

The main principles and structures of a legal system are easiest to grasp if seen in a complete overview of various parts. This book addresses the most important subjects for understanding and handling of German law. Law students, foreign students, and practitioners, as well as interested laymen, will find this monograph gives an informative overview about the German legal system. Special regard is given to the effects of the European legal development on German law. This fourth edition considers the current impacts of the European development of law. The volume is part of the extensive series The Legal Systems of the European States which, following a common structure of the contents, deals with the national legal systems of the most important European states. The author is the head of the Institute for European Constitutional Law.

To gain a proper understanding of a foreign legal system, a legal scholar cannot rely on written sources alone. He must also familiarise himself with how these are interpreted and applied to hard cases. However, materials explaining legal methods are often difficult to access for foreign lawyers, as they tend to be written in the national language and build on a series of preconceptions inherent to the specific legal order. It is therefore the purpose of this book to provide the comparative legal scholar with the tools to overcome some of these initial obstacles and gain a better understanding of how colleagues from different legal systems think about law. The book gives an introduction to the legal methods of the countries in the Nordic and Germanistic legal families, primarily addressed to foreign readers, thus explaining also those unspoken preconceptions. It further seeks historical and cultural explanations for present-day legal methods, and explores the impact of internationalisation as well as the possibility of a common European legal method.

Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law.

This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.

A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.

An Introduction to German Law and Legal Culture offers students, comparative law scholars, and practitioners an insightful and innovative survey of the German legal system. While recognizing the significant influence of the Civil Law tradition in the German legal culture, the book also considers other legal traditions - Common Law, Socialist Law, Islamic Law, Adversarial Law, European Law - that are woven into the varied and colorful fabric of the German legal culture. The book provides an informed yet accessible introduction to the foundations of German law as well as to the theory and doctrine of some of the most relevant fields of law: Private Law, Constitutional Law, Administrative Law, Criminal Law, Procedural Law, and European Law. It is an engaging and pluralistic portrayal of one of the world's most interesting, important, and frequently modelled legal systems.