Comparative Legal Cultures

Comparative Legal Cultures

These essays on comparative legal cultures look at topics such as the roots and alternatives of Western legal culture, common law and civil law, variations for cultures of law, comparative legal methods, legal cultures in co-existence and ...

Author: Csaba Varga

Publisher: Dartmouth Publishing Company

ISBN: 185521136X

Category: Comparative law

Page: 614

View: 866

These essays on comparative legal cultures look at topics such as the roots and alternatives of Western legal culture, common law and civil law, variations for cultures of law, comparative legal methods, legal cultures in co-existence and conflict, and degenaration of legal cultures.
Categories: Comparative law

Comparing Legal Cultures

Comparing Legal Cultures

, Malcolm Feeley; for a sociological use of the concept of legal culture, Carlo Pennisi; comparing legal cultures and the quest for law's identity, Michael King.

Author: David Nelken

Publisher: Dartmouth Publishing Company

ISBN: STANFORD:36105062293910

Category: Social Science

Page: 274

View: 579

The concept of legal culture, Roger Cotterrell; the concept of legal culture - a reply, Lawrence Friedman; civil litigation as indicators for legal cultures, Erhard Blankenburg; puzzling out legal culture - a comment on Blankenburg, David Nelken; comparative criminal law for criminologists - comparing for what purpose?, Malcolm Feeley; for a sociological use of the concept of legal culture, Carlo Pennisi; comparing legal cultures and the quest for law's identity, Michael King.
Categories: Social Science

Law Culture and Society

Law  Culture and Society

Culture' at the IVR Congress in Lund in 2003 offered an opportunity to rethink the idea of culture using a ... The main concern of Chapter 8 is to make direct connections between the development of comparative legal studies, ...

Author: Roger Cotterrell

Publisher: Routledge

ISBN: 9781351217965

Category: Law

Page: 208

View: 378

This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.
Categories: Law

Comparing Legal Cultures

Comparing Legal Cultures

6 Sociological Uses of the Concept of Legal Culture 7 Comparing Legal Cultures in the Quest for Law's Identity 8 Gender and Nature in Comparative Legal Cultures PART II DISCLOSING LEGAL CULTURE: THE PRODUCTION OF DIFFERENCE 9 An ...

Author: David Nelken

Publisher: Routledge

ISBN: 9781351949965

Category: Law

Page: 288

View: 635

This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.
Categories: Law

The Method and Culture of Comparative Law

The Method and Culture of Comparative Law

Methodology of Comparative Legal Research';16 'Do “Legal Systems” Exist? The Concept of Law and Comparative Law';17 'Legal Culture and Legal Transplants';18 and 'Methodology of Comparative Legal Research'.19 Many others of Mark's ...

Author: Maurice Adams

Publisher: Bloomsbury Publishing

ISBN: 9781782254928

Category: Law

Page: 328

View: 569

Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.
Categories: Law

Comparative Law and Society

Comparative Law and Society

Institutional Optimism, Cultural Pessimism, and the Rule of Law', 26(4) International Journal of Sociology 17–47. Kuper, Adam (1999). ... The Uses of Legal Culture (special issue of the Journal of Comparative Law). Nelken, David (1994).

Author: David Scott Clark

Publisher: Edward Elgar Publishing

ISBN: 9781781006092

Category: Law

Page: 480

View: 592

Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. the general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume.
Categories: Law

Paradigms in Modern European Comparative Law

Paradigms in Modern European Comparative Law

A CULTURAL TURN IN COMPARATIVE LAW? A. Cultural Claims in Comparative Law: The Example of Legrand An unambiguous sign of the prospective changes may be the intensive campaign for the integration of the concept of legal culture, ...

Author: Balázs Fekete

Publisher: Bloomsbury Publishing

ISBN: 9781509946945

Category: Law

Page: 240

View: 879

This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.
Categories: Law

Comparative Law

Comparative Law

The comparison of such indicators, Blankenburg contends, leads from a mere comparison of legal systems to an observation of legal cultures. He uses the idea of legal culture expressly for “polemical” reasons.

Author: Uwe Kischel

Publisher: Oxford University Press

ISBN: 9780192508867

Category: Law

Page: 976

View: 988

Uwe Kischel's comprehensive treatise on comparative law 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 takes a practical perspective 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, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, 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.
Categories: Law

Comparative Law

Comparative Law

'Disclosing/Invoking Legal Culture: An Introduction', Social and Legal Studies, 7:435–52 Nelken, David 1997. 'Puzzling Out Legal Culture: A Comment on Blankenburg' in David Nelken (ed.), Comparing Legal Cultures, Aldershot: Dartmouth, ...

Author: Mathias Siems

Publisher: Law in Context

ISBN: 9781107182417

Category: Law

Page: 500

View: 968

The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Categories: Law