Mixed Jurisdictions Worldwide

Mixed Jurisdictions Worldwide
Author :
Publisher : Cambridge University Press
Total Pages : 727
Release :
ISBN-10 : 9781139510356
ISBN-13 : 1139510355
Rating : 4/5 (56 Downloads)

Synopsis Mixed Jurisdictions Worldwide by : Vernon Valentine Palmer

This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.

Mixed Jurisdictions Worldwide

Mixed Jurisdictions Worldwide
Author :
Publisher : Cambridge University Press
Total Pages : 520
Release :
ISBN-10 : 052178154X
ISBN-13 : 9780521781541
Rating : 4/5 (4X Downloads)

Synopsis Mixed Jurisdictions Worldwide by : Vernon V. Palmer

Approximately 150 million people worldwide live in legal systems in which there is both a common law and a civil law content, yet there has been little comparative study of the experience of these 'mixed jurisdictions'. Here, the author considers these jurisdictions in a comparative framework, which includes their founding and raisons d'être, as well as the cultural divisions of the jurists and the evolutionary tendencies of their common and civil law components. In addition, he examines the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. The book argues that the legal systems of such far-flung and diverse cultures as the Philippines, Quebec, Scotland and South Africa have many unique and fruitful points of comparison. The conclusion is that these mixed jurisdictions form a closely related 'Third Legal Family' with cohesive traits and tendencies.

Conceptualising Property Law

Conceptualising Property Law
Author :
Publisher : Edward Elgar Publishing
Total Pages : 338
Release :
ISBN-10 : 9781788111843
ISBN-13 : 1788111842
Rating : 4/5 (43 Downloads)

Synopsis Conceptualising Property Law by : Yaëll Emerich

Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.

A Cosmopolitan Jurisprudence

A Cosmopolitan Jurisprudence
Author :
Publisher : Cambridge University Press
Total Pages : 325
Release :
ISBN-10 : 9781108841726
ISBN-13 : 1108841724
Rating : 4/5 (26 Downloads)

Synopsis A Cosmopolitan Jurisprudence by : Helge Dedek

Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

Custom as a Source of Law

Custom as a Source of Law
Author :
Publisher : Cambridge University Press
Total Pages :
Release :
ISBN-10 : 9781139493666
ISBN-13 : 1139493663
Rating : 4/5 (66 Downloads)

Synopsis Custom as a Source of Law by : David J. Bederman

A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.

International Law in Comparative Perspective

International Law in Comparative Perspective
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 325
Release :
ISBN-10 : 9789004642454
ISBN-13 : 9004642455
Rating : 4/5 (54 Downloads)

Synopsis International Law in Comparative Perspective by : William E Butler

General Principles of Law and International Due Process

General Principles of Law and International Due Process
Author :
Publisher : Oxford University Press
Total Pages : 305
Release :
ISBN-10 : 9780190642723
ISBN-13 : 0190642726
Rating : 4/5 (23 Downloads)

Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Judicial Methods of Interpretation of the Law

Judicial Methods of Interpretation of the Law
Author :
Publisher : Publications Institute Paul M. Hebert Law Center Louisiana S
Total Pages : 536
Release :
ISBN-10 : STANFORD:36105043781066
ISBN-13 :
Rating : 4/5 (66 Downloads)

Synopsis Judicial Methods of Interpretation of the Law by : Julio C. Cueto-Rua

Equity and Law

Equity and Law
Author :
Publisher : Cambridge University Press
Total Pages : 483
Release :
ISBN-10 : 9781108421317
ISBN-13 : 1108421318
Rating : 4/5 (17 Downloads)

Synopsis Equity and Law by : John C. P. Goldberg

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.