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1
Malul, Meir. The comparative method in ancient Near Easternand biblical legal studies. Kevelaer: Butzon & Bercker, 1990.
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The comparative method in ancient Near Eastern and biblical legal studies. Kevelaer: Butzon & Bercker, 1990.
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Lyutov, Nikita, Vyacheslav Bobkov, Elena Volk, Ilona Voytkovskaya, Svetlana Golovina, Rustem Davletgireev, Yuliya Dolzhenkova, et al. Labor law: national and international dimension. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1842502.
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The first volume of the collective monograph "Labor Law: National and International Dimension", prepared by leading experts in Russian and international labor law, labor economics, philosophy of law, is devoted to the general problems of modern labor law.
The first section of the volume deals with general theoretical issues of modern labor law, the second rethinks the principles of labor law in modern conditions, and the third analyzes modern employment problems. Most of the issues are investigated from the standpoint of the national labor law of Russia, international labor standards using the comparative legal method, as well as an intersectoral approach to legal research.
For practitioners and researchers in the field of labor, international law, economics and sociology of labor, as well as students, postgraduates and anyone interested in this issue.
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Gutteridge, H. C. Comparative Law: An Introduction to the Comparative Method of Legal Study and Research. University of Cambridge ESOL Examinations, 2015.
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Bhat, P. Ishwara. Idea and Methods of Legal Research. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199493098.001.0001.
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Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.
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A Problem of Comparative Legal Method: Comparison of Buyer's Remedies for Breach of Delivery of Sale of Goods in Canadian Common Law and Ukrainian C. Austin & Winfield Pub, 1994.
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A Problem of Comparative Legal Method: Comparison of Buyer's Remedies for Breach of Delivery of Sale of Goods in Canadian Common Law and Ukrainian C. Austin & Winfield Pub, 1995.
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Monateri, Pier Giuseppe. Advanced Introduction to Comparative Legal Methods. Edward Elgar Publishing, 2021. http://dx.doi.org/10.4337/9781789906165.
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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.
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Kischel, Uwe. Comparative Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198791355.001.0001.
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This translation of Rechtsvergleichung offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and give a practitioner’s angle on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France as well as case studies of Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), Asian jurisdictions, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.
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Frankenberg, Günter. Critical Histories of Comparative Law. Edited by Markus D. Dubber and Christopher Tomlins. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198794356.013.4.
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This chapter considers the history of comparative law. The birth of comparative law as a discipline can be traced back to the year 1900, when the Congrès International de Droit Comparé in Paris raised it above the level of singular, disparate, albeit remarkable studies and treatises to a collective, concerted venture guided by theories, methods, and projects. Before 1900 there was little interest in systematic legal comparison. Comparative law was marked, in the Western comparative community, by a significant inferiority syndrome. Comparatists felt neither adequately recognized by their academic peers nor sufficiently represented in the law school curriculum. Today, the (changing) reality of curricular marginality and comparative law’s growing popularity appears to nourish the hope for the well-deserved invitation to the field of the legal sciences.
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Ran, Hirschl. Introduction: The C Word. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780198714514.003.0001.
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From its beginnings as a relatively obscure and exotic subject studied by a devoted few, comparative constitutionalism has developed into one of the more fashionable subjects in contemporary legal scholarship, and has become a cornerstone of constitutional jurisprudence and constitution-making in an increasing number of countries worldwide. Despite this tremendous renaissance, the “comparative” aspect of comparative constitutional law, as a method and a project, remains blurry and under-theorized. The introduction sets out the main arguments and structure of the book. The intellectual history and analytical underpinnings of comparative constitutional inquiry are charted and the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages are probed. The introduction also surveys in a nutshell arguments developed in the book as to how and why comparative constitutional inquiry has been, and perhaps ought to be more extensively, pursued by academics and jurists worldwide.
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Singh, Mahendra Pal, ed. The Indian Yearbook of Comparative Law 2016. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199482139.001.0001.
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The contributions, by eminent scholars, included in The Indian Yearbook of Comparative Law 2016 discuss the discipline of comparative law in India and is of immense importance for legal scholarship around the globe. Unlike the West, that has covered almost all aspects of law from private to public law matters of national, transnational, and international relevance, not much work has been done in the discipline of Comparative law in India. In view of the countries and people of the world coming closer day by day, the need for the comparative study of law is becoming a sine qua non for participation in almost all transactions among people living across the globe. The attempt made with this volume will not only meet the much-awaited need of having reading materials on comparative law, but will also create a forum for legal scholars around the world to express their views on different aspects of law in comparative perspective. The issues covered her range from comparative legal methods to comparison in different aspects of law in different countries, as well as transnational and international bodies such as European Union and the various bodies of the United Nations. The issues covered include corporate law, constitutional law, human rights, environmental law, globalization, democracy, privatization, and several other contemporary legal issues.
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Comparative law: Cases, text, materials. 6th ed. New York: Foundation Press, 1998.
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Mälksoo, Lauri. Case Law in Russian Approaches to International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190697570.003.0016.
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In her comparative study on the use of case law in international law textbooks, Anthea Roberts demonstrates a number of structural differences between textbooks in different countries. This chapter further explores the Russian situation and asks whether Roberts’s comparative findings regarding Russian international law textbooks reflect the dominant approach in Russian international law scholarship, and whether they also reflect a distinct approach in Russian state practice. It then discusses what might explain both Russian scholarly and governmental approaches and, finally, what international lawyers can learn from this practice in the context of comparative international law. Cautiousness about case law and international courts has historically been characteristic of the Russian approach to international law. The main method used in this chapter is a historical one, because only the history of international law and its ideas can teach us how concrete legal-political circumstances in a country have come into being.
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Pihlajamäki, Heikki, Markus D. Dubber, and Mark Godfrey, eds. The Oxford Handbook of European Legal History. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.001.0001.
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The Oxford Handbook of European Legal History charts the landscape of contemporary research and the shift from national legal histories to comparative methods, which have profoundly affected the way we understand legal transformation at the local, national, regional, European, and global level. The Handbook shows legal change in terms of continuous flow and exchange of influences, which take place within complicated combinations of cultural, political, and social networks. The present Handbook captures this revised conception of European legal history; it not only merely reflects the state of the discipline, but also aims to shape it. As the chapters of this Handbook show, ancient Roman law owed much to the Near Eastern legal orders. Later on, from the fifteenth century onwards, the major European legal orders gradually spread to all continents. Indeed, most of the globalization of law has taken place by way of European legal systems turning global.
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della Cananea, Giacinto, and Mauro Bussani. Judicial Review of Administration in Europe. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.001.0001.
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This book is about judicial review of public administration. Many have regarded this as dividing European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveal not only differences but also some common and connecting elements, in a ‘common core’ perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are more or less distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the ‘common core’ method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a ‘common core’ exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.
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Quick, Laura. Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198810933.003.0001.
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The law code of the book of Deuteronomy is capped with a series of curses that threaten harm upon the individual subject to the legislation, should they fail to keep the Deuteronomic laws. While this method of divine encouragement to keep the commandments of God might seem surprising from a theological point of view, curses were an integral part of the legal, political, and religious life of the ancient Near East. This introduction considers some of the key interpretative questions associated with the curses in Deuteronomy 28, encompassing the apparently paralleled ancient Near Eastern material (and related to this, the problem of the comparative method in biblical and ancient Near Eastern studies), and the ritual dimension inherent to the pronouncement of curses and the formulation of treaties in the ancient world.
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Reimann, Mathias, and Reinhard Zimmermann, eds. The Oxford Handbook of Comparative Law. Oxford University Press, 2006. http://dx.doi.org/10.1093/oxfordhb/9780199296064.001.0001.
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The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. The book contains forty-three articles. The aim of each article is to provide an accessible, original, and critical account of comparative law in its respective area. Each article also includes a short bibliography referencing the definitive works in the field. The book is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II discusses the major approaches to comparative law — its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, Section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law.
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Reimann, Mathias, and Reinhard Zimmermann, eds. The Oxford Handbook of Comparative Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oxfordhb/9780198810230.001.0001.
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This second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. In the current era of globalization, this discipline is more relevant than ever, both on an academic and practical level. The book contains forty-eight essays, each of which provides an accessible, original, and critical account of comparative law in its respective area. Each essay also includes a short bibliography referencing the definitive works in the field. The book is divided into three main sections. Section I shows how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, Latin America, and the Islamic countries. Section II discusses the major approaches to comparative law—its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, Section III deals with the status of comparative studies over a range of subject matter areas, including the major categories of private, economic, public, and criminal law.
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Klein, Herbert S. The African American Experience in Comparative Perspective. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036637.003.0009.
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This chapter examines the comparative differences and similarities between slave regimes in the Americas and how those differences influenced the post-manumission integration of Africans. In particular, it considers some of the methods and questions that animated the comparative slavery school as well as the implications of junking the comparative model. The chapter first highlights the social, economic, and political consequences of differences among slave regimes in the Americas for African Americans before proposing a research agenda for fourth-wave scholars that expands the scope of analysis of Afro-Latin America beyond the frame of slavery to include fuller explications of free black life. Several areas worth investigating are discussed, including the economic role of slaves and the human capital they accumulated under slavery; the rate and importance of manumission as well as the legal and effective support given to it by the slave-owning elite; the role of the free colored class well before final slave emancipation; and the attitude of elite toward slavery, slaves, and free blacks.
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della Cananea, Giacinto, and Roberto Caranta, eds. Tort Liability of Public Authorities in European Laws. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198867555.001.0001.
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This book is the first in a series which explores if, and to what extent, there is a common core of shared and connecting elements within the legal systems. It looks at government liability in tort as an entry point for the whole comparative research on the ‘common core of European administrative laws’. The book focuses on administrative procedure. It is divided into four parts. Part I sets the stage, explains the distinctive features of the new research, and deals with issues in methodology. Part II looks briefly at the constitutional and cultural framework in which government liability operates. Part III focuses on the main research done by presenting the case studies and supplying the answers to the hypothetical cases, which are at the heart of the ‘factual method’. Finally, Part IV compares and contrasts the information provided from Part III. It examines both the commonalities and the distinctive traits of these legal systems with a view to understanding their ‘common core’.
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Herzog, Peter E., and Hans W. Baade. Schlesigner, Baade, Herzog and Wise's Comparative Law, 6th (University Casebook Series®) (University Casebook Series). 6th ed. West Publishing Company, 2001.
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Greenberg, Jessica. Jurisdiction, Politics, and Truth-Making. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795582.003.0020.
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This chapter suggests that the authority framework allows one to see resonances across seemingly disparate spaces and thus to participate in a shared project for understanding important international institutions. At the same time, by focusing on degrees of authority, one can also speak to the specificities of people’s experiences and encounters with justice. In this spirit of interdisciplinary and comparative methods, the chapter takes the categories of analysis that emerge from the authority framework and puts them into conversation with some key categories in legal anthropology. In so doing, it offers some points of connectivity and conversation across different, but overlapping, disciplinary questions.
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Jakab, András, and Dimitry Kochenov, eds. The Enforcement of EU Law and Values. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198746560.001.0001.
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It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and this book dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance—the French Empty Chair policy, the Luxembourg compromise, and the FPÖ crisis in Austria—and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies theoretical issues on defiance in the context of multi-layered legal orders, EU mechanisms of acquis and values’ enforcement, comparative perspective on law-enforcement in multi-layered legal systems, and case-studies of defiance in the EU.
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Rainer, Grote, and Röder Tilmann. Constitutionalism in Islamic Countries: Between Upheaval and Continuity. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:osobl/9780199759880.001.0001.
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This book examines the question of whether something similar to an “Islamic constitutionalism” has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia in order to identify its defining features and to assess the challenges it poses to established concepts of constitutionalism. This book offers an integrated analysis of the constitutional experience of Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law, and legal history. European and United States experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. Whether these concepts can be applied successfully to the often grim political and social realities of their countries provides insights into whether such a fusion can be sustained.
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Creighton, Breen, Catrina Denvir, Richard Johnstone, Shae McCrystal, and Alice Orchiston. Strike Ballots, Democracy, and Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198869894.001.0001.
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The purpose of the research upon which this book is based was empirically to investigate whether the ballot requirements in the Fair Work Act do indeed impose a significant obstacle to the taking of industrial action, and whether those provisions are indeed impelled by a legitimate ‘democratic imperative’. The book starts from the proposition that virtually all national legal systems, and international law, recognise the right to strike as a fundamental human right. It acknowledges, however, that in no case is this recognition without qualification. Amongst the most common qualifications is a requirement that to be lawful strike action must first be approved by a ballot of workers concerned. Often, these requirements are said to be necessary to protect the democratic rights of the workers concerned: this is the so-called ‘democratic imperative’. In order to evaluate the true purpose and effect of ballot requirements the book draws upon the detailed empirical study of the operation of the Australian legislative provisions noted above; a comparative analysis of law and practice in a broad range of countries, with special reference to Canada, South Africa, the United Kingdom and the United States; and the jurisprudence of the supervisory bodies of the International Labour Organisation. It finds that in many instances ballot requirements – especially those relating to quorum – are more concerned with curtailing strike activity than with constructively responding to the democratic imperative. Frequently, they also proceed from a distorted perception of what ‘democracy’ could and should entail in an industrial context. Paradoxically, the study also finds that in some contexts ballot requirements can provide additional bargaining leverage for unions. Overall, however, the study confirms our hypothesis that the principal purpose of ballot requirements – especially in Australia and the United Kingdom – is to curtail strike activity rather than to vindicate the democratic imperative, other than on the basis of a highly attenuated reading of that term. We believe that the end-result constitutes an important study of the practical operation of a complex set of legal rules, and one which exposes the dichotomy between the ostensible and real objectives underpinning the adoption of those rules. It also furnishes a worked example of multi-methods empirical, comparative and doctrinal legal research in law, which we hope will inspire similar approaches to other areas of labour law.
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Palamarchuk, Anastasia, Ekaterina Terenteva, and Sergey Fyodorov. The Birth of the National Historical Writing in England and France. St. Petersburg State University, 2021. http://dx.doi.org/10.21638/11701/9785288061646.
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The monograph is a study of main trends of emergence and evolution of the national historical writing in Western Europe in the XVIIth century. Based on a complex analysis of several phenomena which defined the development of the Early Modern historical writing, it provides a comparative analysis of the regional schools of historical writing (particularly those of the English antiquaries and French érudits) in the process of their respective growth and formation accomplished by the end of XVIIth century with the advent of the national historiography. The conceptual unity of the book is verified within the context of the rise of the national states in England and France, which stipulated a consistent demand for reinforcing the nationally orientated discourses not only in a historical writing but also in legal and political thought. The perception of England as an empire, entrenched in the insular historical and legal consciousness, recurring during the reigns of the Stuarts and extending to the whole British archipelago, determined the establishment of chorography as a prevalent form characteristic of the English historiography. Chorographic structure of the narrative unfolding the space of the territorial “empire” to the reader corresponded to the method of “intellectual appropriation” of the British Isles by the English antiquarians which could be defined as “cultural-historical”. A considerable role was devoted to reactualization of ethnogenetic myths at different levels: while some of them (primarily – the Galfridian myth) were regarded as relevant to the pan-British cultural and historical past, others emphasized autonomous dimensions of the past and present of distinct composites (Scotland, Ireland, Wales) The continental French variant of proto-national historiography also utilized the idea of empire but in a different mode defined by the formula “rex in regno suo imperator est”. The emerging school of érudits modelled principles of its narratives on patrimonial structures rooted in the feudal medieval society (dynasty; royal family; aristocratic lineages; seigneurial rights and vassal obligations; the system of offices created by the monarch stemming from the royal household etc.). The unity of the subjects of the French kingdom was ensured not by the shared territorial commonality but by their loyalty to the king. Therefore, the French variant of “intellectual appropriation” was developed in a socio-political direction in contrast to the territorial.