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Journal articles on the topic 'Comparative Transnational Law'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

Tushnet, Mark. "The Boundaries of Comparative Law." European Constitutional Law Review 13, no. 1 (2017): 13–22. http://dx.doi.org/10.1017/s1574019616000420.

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Boundaries: between public and private law – Political dimensions of private and public law – Boundaries between domestic law and transnational and international law – Boundaries between law and other disciplines, including economics, comparative politics, normative political theory, and hermeneutic disciplines – National styles of comparative law scholarship – Analytic and pragmatic traditions in comparative law scholarship

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ZUMBANSEN, PEER. "Comparative, global and transnational constitutionalism: The emergence of a transnational legal-pluralist order." Global Constitutionalism 1, no. 1 (2012): 16–52. http://dx.doi.org/10.1017/s2045381711000037.

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AbstractComparative lawyers have for more than a century sought to increase the understanding of ‘foreign’ legal orders and regulatory systems. Despite some never fully resolved methodological questions, great advances have been made in the comparative study of different regulatory areas both in ‘private’ (contract, tort, corporate, labour) and ‘public’ law (administrative law, environmental law). Comparative constitutional law [CCL] has emerged as a field with particular significance. Born in the context of a politically extremely divided world after the Second World War, CCL has undergone tr

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Jackson, V. C. "Comparative constitutional federalism and transnational judicial discourse." International Journal of Constitutional Law 2, no. 1 (2004): 91–138. http://dx.doi.org/10.1093/icon/2.1.91.

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Bartole, Sergio. "Comparative Constitutional Law – an Indispensable Tool for the Creation of Transnational Law." European Constitutional Law Review 13, no. 04 (2017): 601–10. http://dx.doi.org/10.1017/s1574019617000293.

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The continuing importance of the study of comparative constitutional law – A European perspective – The Venice Commission and international monitoring of national constitutional systems – Authoritarian tendencies and the European Constitutional Heritage – Interpretation and application of constitutional provisions depends on the context – Comparative law as a common endeavour of judges, lawyers, and scholars

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5

Бартоле, Серджио, and Serdzhio Bartole. "COMPARATIVE CONSTITUTIONAL LAW — AN INDISPENSABLE TOOL FOR THE CREATION OF TRANSNATIONAL LAW." Journal of Foreign Legislation and Comparative Law 4, no. 1 (2018): 1. http://dx.doi.org/10.12737/art.2018.1.5.

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6

Griffiths, Anne. "Law, Space, and Place: Reframing Comparative Law and Legal Anthropology." Law & Social Inquiry 34, no. 02 (2009): 495–507. http://dx.doi.org/10.1111/j.1747-4469.2009.01154.x.

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In her book Mapping Marriage Law in Spanish Gitano Communities (2006), Susan Drummond challenges the disciplinary perspectives of comparative law and legal anthropology in her study of Gitano marriage practices. By reframing the way in which the “local” or “locale” is viewed—through an ethnographic study of Gitanos—she displaces the traditional boundaries ascribed to comparative law, with its focus on taxonomy and structure, and with legal anthropology's approach to culture. Her study not only elucidates how national and transnational law intersect, but highlights the complex interconnections

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Banks, Cyndi. "Book Review: Transnational and Comparative Criminology." Crime, Media, Culture: An International Journal 2, no. 1 (2006): 106–9. http://dx.doi.org/10.1177/174165900600200110.

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Humbat Musayev, Erkin Humbat Musayev. "INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES." SCIENTIFIC WORK 53, no. 04 (2020): 48–52. http://dx.doi.org/10.36719/aem/2007-2020/53/48-52.

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Erie, Matthew S. "Anticorruption as Transnational Law: The Foreign Corrupt Practices Act, PRC Law, and Party Rules in China." American Journal of Comparative Law 67, no. 2 (2019): 233–79. http://dx.doi.org/10.1093/ajcl/avz018.

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Abstract Corruption has been linked to urgent transnational problems, including, inter alia, market uncertainties, the undermining of democracy, economic disparity, religious extremism, and authoritarianism. As corruption is a global problem, it requires coordination across states’ anticorruption laws. Anticorruption thus provides grounds to reassess the promise and limits of transnational law. This Article examines the operation of anticorruption as transnational law across the corporate governance regimes of the United States and China, the world’s two largest economies. As opposed to percep

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Fisher, Elizabeth. "The Rise of Transnational Environmental Law and the Expertise of Environmental Lawyers." Transnational Environmental Law 1, no. 1 (2011): 43–52. http://dx.doi.org/10.1017/s2047102511000021.

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AbstractThe concept of transnational environmental law is used descriptively and prescriptively to refer to a multitude of legal processes which are distinct from transnational law in other legal areas. Hence, the rise of transnational environmental law requires environmental lawyers to reflect on their skills and knowledge and to foster both their contributory and interactional expertise in this area. That process of fostering expertise needs to be seen in light of a number of intellectual challenges, including the necessity to engage with comparative environmental law methodology, the need t

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Andonova, Liliana B., Michele M. Betsill, and Harriet Bulkeley. "Transnational Climate Governance." Global Environmental Politics 9, no. 2 (2009): 52–73. http://dx.doi.org/10.1162/glep.2009.9.2.52.

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In this article we examine the emergence and implications of transnational climate-change governance. We argue that although the study of transnational relations has recently been renewed alongside a burgeoning interest in issues of global governance, the nature of transnational governance has to date received less attention. We contend that transnational governance occurs when networks operating in the transnational political sphere authoritatively steer constituents toward public goals. In order to stimulate a more systematic study of the diversity and significance of this phenomenon, the ar

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Ali, Muhammad Imran. "Comparative Legal Research-Building a Legal Attitude for a Transnational World." Journal of Legal Studies 26, no. 40 (2020): 66–80. http://dx.doi.org/10.2478/jles-2020-0012.

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AbstractComparative Legal Research (CLR) is a valuable tool for legal research because it expands the history of community experience. Understanding basic knowledge in different systems fills the knowledge gap. However, the principles of globalization and universal human rights require a greater role for systematic CLR. This article analyzes the role of comparative legal research in contemporary legal education. The discussion is based on the idea that it is useful to distinguish between the education of lawyers and the conduct of comparative legal research. Comparative law is a successful fie

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Weaver, Russell, Denis Lemieux, and Laverne Jacobs. "TRANSNATIONAL AND COMPARATIVE ADMINISTRATIVE LAW: PAPERS FROM THE SIXTH ADMINISTRATIVE LAW DISCUSSION FORUM, QUÉBEC CITY." Windsor Yearbook of Access to Justice 28, no. 2 (2010): 243. http://dx.doi.org/10.22329/wyaj.v28i2.4497.

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On May 25 - 26, 2010, Université Laval, the University of Windsor Faculty of Law and the University of Louisville Brandeis School of Law, hosted the Sixth Administrative Law Discussion Forum. These discussion fora, which have become an international academic success, have been held in a variety of venues in North America and Europe since the early 1990s. They are an initiative of Russell Weaver, Professor of Law & Distinguished University Scholar at the University of Louisville. The fora provide an opportunity for thoughtful exchange among administrative law academics on contemporary issue

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Rose-Ackerman, Susan, and Peter L. Lindseth. "Comparative Administrative Law: Outlining a Field of Study." Windsor Yearbook of Access to Justice 28, no. 2 (2010): 435. http://dx.doi.org/10.22329/wyaj.v28i2.4508.

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Comparative administrative law is emerging as a distinct field of inquiry after a period of neglect. To demonstrate this claim, the authors summarize their edited volume on the topic – a collection that aims to stimulate research across legal systems and scholarly disciplines. After a set of historical reflections, the authors consider key topics at the intersection of administrative and constitutional law, including the contested issue of administrative independence. Two further sections highlight tensions between expertise and accountability, drawing insights from economics and political sci

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Husa, Jaakko. "Turning the Curriculum Upside Down: Comparative Law as an Educational Tool for Constructing the Pluralistic Legal Mind." German Law Journal 10, no. 6-7 (2009): 913–26. http://dx.doi.org/10.1017/s2071832200001413.

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As is well known, comparative law enters the curriculum normally only after some substantive law has been learned. The traditional approach first takes the law student's national legal system, with the comparison or foreign law element only coming later as a form of supplement to the standard curriculum. This paper offers some thoughts concerning the teaching and learning of law in a world in which pluralistic and/or transnational elements are commonplace. These plural features stem from the declining authority of the nation state as well as from the strengthening of various forms of sub-natio

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Хельгесен, Ян Эрик, and Yan Erik Hel'gesen. "COMPARATIVE CONSTITUTIONALISM — AN INSIGHT FROM VENICE. THE VENETIAN CHANNELS FROM NATIONAL LAW TO TRANSNATIONAL / UNIVERSAL LAW." Journal of Foreign Legislation and Comparative Law 4, no. 1 (2018): 1. http://dx.doi.org/10.12737/art.2018.1.1.

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Zaitseva, Larisa, and Svetlana Racheva. "The Silk Road of Social Partnership." Russian Law Journal 8, no. 4 (2020): 109–39. http://dx.doi.org/10.17589/2309-8678-2020-8-4-109-139.

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The article discusses the prospects and impediments of collective bargaining legislation’s harmonization of six participants (China, Kazakhstan, Russia, Belarus, Poland, and Germany) in the railway project that has linked China and Europe and has become an integral part of the New Silk Road global initiative. To this effect, the authors have analyzed transnational companies’ experience in making collective contracts and have assessed the degree of the impact of international treaties on the aforementioned countries’ legislation in terms of their involvement in various international organizatio

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Shreedhar, Akshay. "Feasibility of ‘Covering Values’ in Transnational Commercial Law: Article 79 of the cisg and the ‘Impediment’." Global Journal of Comparative Law 5, no. 2 (2016): 183–207. http://dx.doi.org/10.1163/2211906x-00502001.

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The coming together of the world, through globalization, international trade and cross border sales has led to an inevitable interaction between different cultures and different laws. Transnational commercial law has seen numerous instruments created to impose a ‘neutral’ set of norms on two contracting parties. The process of formation of such instruments is most certainly an exercise in comparative law influenced by the notions of pluralism, whereby different legal norms are compared. As such, this comparison, like most comparisons in comparative law, endeavours to find common values in vary

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Bashi Rudahindwa, Jonathan. "OHADA and the Making of Transnational Commercial Law in Africa." Law and Development Review 11, no. 2 (2018): 371–95. http://dx.doi.org/10.1515/ldr-2018-0024.

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Abstract The Organisation for Harmonisation of Business Law in Africa (OHADA) was established in October 1993 with the ambitious aim of inciting economic development in its Member States. Through the adoption of Uniform Commercial Laws, the organisation is expected to create an enabling environment for business development, thereby providing for a path to economic growth and subsequent development. In light of this professed aim, both the transnational methodological approach and comparative law theories are used in this paper to critically analyse the various processes conducted under the OHA

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Mandelbaum, Stefan. "Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law by Jan H Dalhuisen." King's Law Journal 25, no. 2 (2014): 318–23. http://dx.doi.org/10.5235/09615768.25.2.318.

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Husa, Jaakko. "Comparative law in legal education – building a legal mind for a transnational world." Law Teacher 52, no. 2 (2017): 201–15. http://dx.doi.org/10.1080/03069400.2017.1340532.

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Díaz Noci, Javier. "Intellectual property and transmedia informative products: A comparative, transnational legal analysis." Hipertext.net, no. 20 (May 28, 2020): 31–39. http://dx.doi.org/10.31009/hipertext.net.2020.i20.03.

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Transmedia products are becoming a usual practice in media, and they incorporate both professional contributions and user-generated contents. From this point of view, we propose a legal, comparative and transnational approach to the legal implications of copyright laws to transmedia products. We focus on news items and informative products. Participative or citizen journalism, fan fictions, which appeared in several media, has developed the so called transmedia narratives, and the law necessarily faces some problems derived from their particularities. Since the international trend of copyright

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23

Reis, Gabriel Valente dos. "INTERNATIONAL REACH OF SECURITIES REGULATION: A COMPARATIVE VIEW ON BRAZILIAN AND U.S. LAW." PANORAMA OF BRAZILIAN LAW 2, no. 2 (2018): 213–24. http://dx.doi.org/10.17768/pbl.v2i2.34390.

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This paper examines the international reach of securities regulation, focusing on the Brazilian and U.S. experiences in this field. The aim is to provide the reader with a view on how the issue first developed in the U.S. (and how the U.S. Supreme Court has recently changed, in part, the U.S. solution) and on how Brazilian Law, on its part, addresses regulation of transnational securities markets – mentioning particularly a landmark Administrative Enforcement Proceeding judged by the Brazilian regulatory authority (CVM).

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Reis, Gabriel Valente dos. "INTERNATIONAL REACH OF SECURITIES REGULATION: A COMPARATIVE VIEW ON BRAZILIAN AND U.S. LAW." PANORAMA OF BRAZILIAN LAW 2, no. 2 (2018): 213–24. http://dx.doi.org/10.17768/pbl.v2i2.p213-224.

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This paper examines the international reach of securities regulation, focusing on the Brazilian and U.S. experiences in this field. The aim is to provide the reader with a view on how the issue first developed in the U.S. (and how the U.S. Supreme Court has recently changed, in part, the U.S. solution) and on how Brazilian Law, on its part, addresses regulation of transnational securities markets – mentioning particularly a landmark Administrative Enforcement Proceeding judged by the Brazilian regulatory authority (CVM).

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Reis, Gabriel Valente dos. "INTERNATIONAL REACH OF SECURITIES REGULATION: A COMPARATIVE VIEW ON BRAZILIAN AND U.S. LAW." PANORAMA OF BRAZILIAN LAW 2, no. 2 (2014): 213–24. http://dx.doi.org/10.17768/pbl.y2.n2.p213-224.

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This paper examines the international reach of securities regulation, focusing on the Brazilian and U.S. experiences in this field. The aim is to provide the reader with a view on how the issue first developed in the U.S. (and how the U.S. Supreme Court has recently changed, in part, the U.S. solution) and on how Brazilian Law, on its part, addresses regulation of transnational securities markets – mentioning particularly a landmark Administrative Enforcement Proceeding judged by the Brazilian regulatory authority (CVM).

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Reis, Gabriel Valente dos. "INTERNATIONAL REACH OF SECURITIES REGULATION: A COMPARATIVE VIEW ON BRAZILIAN AND U.S. LAW." PANORAMA OF BRAZILIAN LAW 2, no. 2 (2018): 213–24. http://dx.doi.org/10.17768/pbl.y2n2.p213-224.

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This paper examines the international reach of securities regulation, focusing on the Brazilian and U.S. experiences in this field. The aim is to provide the reader with a view on how the issue first developed in the U.S. (and how the U.S. Supreme Court has recently changed, in part, the U.S. solution) and on how Brazilian Law, on its part, addresses regulation of transnational securities markets – mentioning particularly a landmark Administrative Enforcement Proceeding judged by the Brazilian regulatory authority (CVM).

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27

Calderón-Cuadrado, Reyes, José Luis Álvarez-Arce, Isabel Rodríguez-Tejedo, and Stella Salvatierra. "“Ethics Hotlines” in Transnational Companies: A Comparative Study." Journal of Business Ethics 88, no. 1 (2009): 199–210. http://dx.doi.org/10.1007/s10551-009-0110-4.

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28

McCormack, Gerard. "US exceptionalism and UK localism? Cross-border insolvency law in comparative perspective." Legal Studies 36, no. 1 (2016): 136–62. http://dx.doi.org/10.1111/lest.12096.

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This paper addresses how the UNCITRAL Model Law on Cross-Border Insolvency has been implemented and interpreted in the US and the UK. The Model Law has attained a measure of international acceptance and is intended to achieve greater efficiencies in the administration of insolvency cases with transnational dimensions. But different manners of implementation in different countries and differing interpretations may hinder the prospects for harmonisation and coordination of laws. The paper will address in particular whether US interpretations differ from those in the UK and whether the US decisio

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Witte, Daniel. "Business for Climate: A Qualitative Comparative Analysis of Policy Support from Transnational Companies." Global Environmental Politics 20, no. 4 (2020): 167–91. http://dx.doi.org/10.1162/glep_a_00560.

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Transnational companies (TNCs) are becoming increasingly influential in the global governance of climate change. Therefore, it is of paramount importance to understand the factors that explain why some TNCs broadly support policies to tackle climate change, while others oppose them. This study subjects previous findings from small- N case studies to a more systematic fuzzy set qualitative comparative analysis (fsQCA). It investigates previous findings that link exposure to fossil fuels to policy opposition, and transnational operations, exposure to consumers, certain factors in the institution

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Porter, Marilyn. "The Lombok process: Challenging power in a transnational comparative research project." Women's Studies International Forum 33, no. 5 (2010): 492–500. http://dx.doi.org/10.1016/j.wsif.2010.07.005.

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Lambert, Hélène. "TRANSNATIONAL JUDICIAL DIALOGUE, HARMONIZATION AND THE COMMON EUROPEAN ASYLUM SYSTEM." International and Comparative Law Quarterly 58, no. 3 (2009): 519–43. http://dx.doi.org/10.1017/s0020589309001249.

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AbstractIncreased policy harmonization on refugee matters in the European Union (EU), namely the creation of a Common European Asylum System (CEAS), has created the imperative for a transnational judicial comparative dialogue between national courts. This article is based on a structured, focused comparison approach to examining a key element of a transnational European legal dialogue, namely, the use of foreign law by national judges when making their own decisions on asylum. It does so by examining two countries, France and Britain, as representative of the difference in legal tradition and

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Safferling, C. J. M. "Review: Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation: Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation." European Journal of International Law 14, no. 2 (2003): 395–401. http://dx.doi.org/10.1093/ejil/14.2.395.

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GOTTFRIED, HEIDI, and LAURA REESE. "Gender, Policy, Politics, and Work: Feminist Comparative and Transnational Research." Review of Policy Research 20, no. 1 (2003): 3–20. http://dx.doi.org/10.1111/1541-1338.00002.

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Tan, Morse. "Member State Compliance with the Judgments of the Inter-American Court of Human Rights." International Journal of Legal Information 33, no. 3 (2005): 319–44. http://dx.doi.org/10.1017/s0731126500011215.

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This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.

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Valcke, Catherine. "Comparing legal styles." International Journal of Law in Context 15, no. 03 (2019): 274–96. http://dx.doi.org/10.1017/s1744552319000284.

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AbstractThe question of legal ‘style’ is a central one in comparative law, as mainstream comparative law tends to downplay its importance. The kinds of comparative law scholarship that have attracted most attention in the last decades – the ‘harmonisation projects’ and the ‘legal origins’ literature (perhaps also the ‘legal formant’ literature) – indeed adopt a functionalistic approach to legal systems, whereby only the outcome of judicial decisions (and the factors causally feeding into them) matters – that is, their style does not. This narrow perspective has led to arguments in favour of ha

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Pin, Andrea. "Balancing Dignity, Equality and Religious Freedom: A Transnational Topic." Ecclesiastical Law Journal 19, no. 3 (2017): 292–306. http://dx.doi.org/10.1017/s0956618x17000473.

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The concept of dignity has made its way into contemporary discourse on rights after having taken a winding road which intersected secular thinking with religious thinking. Its pervasive utilisation by courts shows its richness as well as its amorphousness. An enquiry into comparative law suggests that the concept of dignity, especially when it is associated with the idea of equality, creates tensions with claims to religious freedom. Such clashes cannot be reconciled on theoretical grounds, but only on practical ones, depending on context and according to proportionality scrutiny.

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Resnik, J. "Comparative (in)equalities: CEDAW, the jurisdiction of gender, and the heterogeneity of transnational law production." International Journal of Constitutional Law 10, no. 2 (2012): 531–50. http://dx.doi.org/10.1093/icon/mor064.

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Ross, Jacqueline E. "Impediments to Transnational Cooperation in Undercover Policing: A Comparative Study of the United States and Italy." American Journal of Comparative Law 52, no. 3 (2004): 569. http://dx.doi.org/10.2307/4144479.

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Bevans, Phillip G., and John S. McKay. "The Association of Transnational Law Schools' Agora: An Experiment in Graduate Legal Pedagogy." German Law Journal 10, no. 6-7 (2009): 929–58. http://dx.doi.org/10.1017/s2071832200001425.

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The Association of Transnational Law Schools [ATLAS] is a consortium of seven law schools from four continents that launched an annual academic summer program, called the Agora, for doctoral students this past July 2008. As the name of the consortium would suggest, the program focused on transnational law. The Agora is one of several multi-school initiatives aimed at furthering the study of the globalizing legal environment. The Agora both reflects and furthers a trend in legal scholarship, and as a consequence legal education, toward a focus on a set of interrelated concerns, which include gl

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Dawes, Sharon S., and Mohammed A. Gharawi. "Transnational public sector knowledge networks: A comparative study of contextual distances." Government Information Quarterly 35, no. 2 (2018): 184–94. http://dx.doi.org/10.1016/j.giq.2018.02.002.

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Nelson, Matthew J., Aslı Bâli, David Mednicoff, and Hanna Lerner. "From Foreign Text to Local Meaning: The Politics of Religious Exclusion in Transnational Constitutional Borrowing." Law & Social Inquiry 45, no. 4 (2020): 935–64. http://dx.doi.org/10.1017/lsi.2019.75.

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AbstractConstitutional drafters often look to foreign constitutional models, ideas, and texts for inspiration; many are explicit about their foreign borrowing. However, when implemented domestically, the meaning of borrowed elements often changes. Political scientists and scholars of comparative constitutional law have analyzed the transnational movement of constitutional ideas and norms, but the political processes through which the meaning of foreign provisions might be refashioned remain understudied. Sociolegal scholars have examined the “transplantation” and “translation” of laws and lega

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Pierdominici, Leonardo. "The Canadian Living Tree Doctrine as a Comparative Model of Evolutionary Constitutional Interpretation." Perspectives on Federalism 9, no. 3 (2017): E—85—E—105. http://dx.doi.org/10.1515/pof-2017-0021.

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Abstract This paper starts with a general contextualisation of how Canadian constitutional law acquired an important role in global constitutional conversations in recent decades. It then considers, in particular, the well-known Canadian Living tree doctrine as a model of evolutionary constitutional interpretation, and argues that it is a relevant case study for our purposes since it is able to precisely link the ‘history, evolution, influence and reform’ of constitutional law in a comprehensive doctrine. The doctrine's comparative influence will be analysed in particular: the Living tree is e

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Сидоренко, Элина, and Elina Sidorenko. "SUBJECT OF TRANSNATIONAL BRIBERY IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES: THE MAIN APPROACHES." Journal of Foreign Legislation and Comparative Law 2, no. 1 (2016): 0. http://dx.doi.org/10.12737/18181.

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This paper presents a comparative analysis of the criminal legislation of the USA, Germany and France in terms of responsibility for the regulation of active and passive bribery of foreign public officials and officials of public international organizations. The focus is on consistency between national law and the provisions of the Convention of the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. On the basis of the comparative and formal-legal methods, the author reveals a number of featu

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Woohyoung, Kim, Hyun Kim, and Jinsoo Hwang. "Transnational Corporation’s Failure in China: Focus on Tesco." Sustainability 12, no. 17 (2020): 7170. http://dx.doi.org/10.3390/su12177170.

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Many of the foreign companies operating in China have claimed that they have failed and are constantly deciding on a strategic withdrawal from the Chinese market. We intend to conduct an empirical analysis of Chinese consumers in order to determine the cause of Tesco’s management failure in China. The survey was conducted on those in their 20s or older who had experience shopping at both Tesco and RT-Mart. As a result, a total of 650 copies were distributed to obtain an effective sample of 607 copies, which was used for the analysis. This paper conducted a comparative analysis on Chinese consu

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Eller, Klaas Hendrik. "Comparative Genealogies of “Contract and Society”." German Law Journal 21, no. 7 (2020): 1393–410. http://dx.doi.org/10.1017/glj.2020.84.

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AbstractSince contracts form a basic institution of every legal order, the interdisciplinary orientation of concepts of contracts reveals socio-legal inclinations of a legal order more broadly. Contrasting the UK and US Common Law of contracts with developments under German law, this Article examines the relation between normative and social science approaches, notably rooted in economics, economic sociology, and social theory in the genealogy of contract law. A shared leitmotif over the 20th century has been the drive to account for the societal embeddedness of contract. However, conceptualiz

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Hajjar, Lisa. "Religion, State Power, and Domestic Violence in Muslim Societies: A Framework for Comparative Analysis." Law & Social Inquiry 29, no. 01 (2004): 1–38. http://dx.doi.org/10.1111/j.1747-4469.2004.tb00329.x.

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This article focuses on the issue of domestic violence in Muslim societies in the Middle East, Africa, and Asia. The analytical framework is comparative, emphasizing four factors and the interplay among them: shari'a (Islamic law), state power, intrafamily violence, and struggles over women's rights. The comparative approach historicizes the problem of domestic violence and impunity to consider the impact of transnational legal discourses (Islamism and human rights) on “local” struggles over rights and law. The use of shari'a creates some commonalities in gender and family relations in Muslim

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McLachlan, Campbell. "The Common Law Mind of George Barton." Victoria University of Wellington Law Review 43, no. 1 (2012): 163. http://dx.doi.org/10.26686/vuwlr.v43i1.5411.

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Dr George Barton’s remarkable life in the law exemplified two themes of general lasting importance. The first is the need to ensure that, in its progressive development, the New Zealand legal system takes full advantage of its membership of the wider common law family of legal systems. McLachlan argues that this is not merely a matter of optional comparative reference, pursuing a vague notion of transnational law. Rather, consideration of other common law authority is integral to legal reasoning in New Zealand and essential if the New Zealand legal system is to avoid the risk of insularity. Th

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Giest, Sarah, and Michael Howlett. "Comparative Climate Change Governance: Lessons from European Transnational Municipal Network Management Efforts." Environmental Policy and Governance 23, no. 6 (2013): 341–53. http://dx.doi.org/10.1002/eet.1628.

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Hernández, Tanya Katerí. "Racial Discrimination." Brill Research Perspectives in Comparative Discrimination Law 3, no. 1 (2019): 1–69. http://dx.doi.org/10.1163/24522031-12340005.

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Abstract This fifth volume in the Brill Research Perspectives in Comparative Discrimination Law surveys the field of comparative race discrimination law for the purpose of providing an introduction to the nature of comparing systems of discrimination and the transnational search for effective equality laws and policies. This volume includes the perspectives of racialized subjects (subalterns) in the examination of the reach of the laws on the ground. It engages a variety of legal and social science resources in order to compare systems across a number of contexts (such as the United States, Ca

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Hertogh, Marc, and Marina Kurkchiyan. "‘When politics comes into play, law is no longer law’: images of collective legal consciousness in the UK, Poland and Bulgaria." International Journal of Law in Context 12, no. 4 (2016): 404–19. http://dx.doi.org/10.1017/s1744552316000185.

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AbstractThis paper examines the idea of a common European legal culture by exploring its foundational component, ‘collective legal consciousness’, in three EU states: the UK, Poland and Bulgaria. Using a comparative research design and a variety of methods of data collection, it suggests that, underneath the thin layer of EU consensus, there are some fundamental differences in perceptions of law. The evidence shows that legal ideas are infused with perceptions of the political system. This finding suggests that the creation of a shared European legal culture depends on the prior formation of a

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