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Comparative Law News

BOOKS: Intersentia - Lokin, Milo and Smits (eds), Tradition, Codification and Unification / Uzelac and van Rhee (eds), Nobody's Perfect: Comparative Essays on Appeals and other Means of Recourse against Judicial Decisions in Civil Matters

Juris Diversitas - ven, 2014-05-30 18:37
Intersentia has published the following:

200 years ago many civil law jurisdictions adhered to exclusive national codifications of private law, and abandoned the old Ius Commune. Other jurisdictions in the civilian tradition did not engage in codifying private law, and continued along lines of authoritative opinions, case law and fragmented legislation. In our contemporary days the shades of national law slowly melt away, and we imagine a future where new common laws will continue to take shape. This book deals with this mirror image and explores the law in its everlasting tension between tradition and change. Historic and comparative analyses from European, Latin- American and South-African jurisdictions provide us with perspectives on the role of substance, methodology, institutions as well as individuals in developments of law towards the future.

Nobody’s perfect. Nevertheless, public confidence in the justice system depends on the belief that decisions made in the judicial processes are reasonably correct and accurate. Since no one has a monopoly on ultimate correctness, a large part of trust in the correct and objective nature of outcomes of the judicial process is rooted in the trust in the mechanisms of quality control. However, the specific nature of the judicial process, encapsulated in the principle of judicial independence and in the right to fair and swift adjudication, requires specific control mechanisms that have to achieve a sensitive balance between various aims and goals.

Based on these observations, the present book focuses on the systems of appellate control of court judgments. The intention of the editors is to explore the relationship between the different approaches to appeals in national civil justice systems and their impact on the overall efficiency and effectiveness of the legal protection of individual rights. Recognising that any approach to appeal has to strike a balance between the ideals of correctness, legitimacy and impeccable legal reasoning, on the one hand, and the ideals of legal certainty, effectiveness and efficiency, on the other, the contributors to this book were invited to discuss how contemporary justice systems deal with this issue. This allows an evaluation of whether the issues in debate are rather disparate or whether, on the contrary, the procedural philosophies and approaches to appeal in different legal systems are converging.
Catégories: Comparative Law News

BOOK (Recommended): Braverman, Blomley, Delaney, and Kedar (eds), The Expanding Spaces of Law: A Timely Legal Geography.

Juris Diversitas - ven, 2014-05-30 18:08
Stanford University Press has published Irus Braverman, Nicholas Blomley, David Delaney, and Alexandre Kedar (eds), The Expanding Spaces of Law: A Timely Legal Geography.
The book, on a subject too long neglected by comparatists,:
presents readers with cutting-edge scholarship in legal geography. An invaluable resource for those new to this line of scholarship, the book also pushes the boundaries of legal geography, reinvigorating previous modes of inquiry and investigating new directions. It guides scholars interested in the law-space-power nexus to underexplored empirical sites and to novel theoretical and disciplinary resources. Finally, The Expanding Spaces of Law asks readers to think about the temporality and dynamism of legal spaces.

For additional information, including an excerpt from the introduction and a discount, see http://www.sup.org/book.cgi?id=23213
Catégories: Comparative Law News

BOOK: Adams and Heirbaut (eds), The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke

Juris Diversitas - ven, 2014-05-30 17:38
Following the recent, successful workshopin Ghent, Hart Publishing has published Maurice Adams and Dirk Heirbaut (eds), The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke.
While the normal price for the book is £60, the Hart Discount for Juris Diversitas Blog Readers—20%--makes it available for £48. To place an order, go to the Hart Publishing website. To receive the discount, type the reference ‘JDB’ in the discount code field and click ‘apply’:
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.
The EditorsMaurice Adams is Professor of General Jurisprudence at the University of Tilburg.Dirk Heirbaut is Professor of Legal History and Roman Law at Ghent University.
Book Details: May 2014     346pp     Hbk     9781849466233       If you have any questions please contact Hart Publishing
Hart Publishing Ltd, 16C Worcester Place, Oxford, OX1 2JW, UKTel No: 01865 517530   Fax No:01865 510710  
E-mail: mail@hartpub.co.uk   Website: www.hartpub.co.uk
Catégories: Comparative Law News

Books: New Titles from Edward Elgar Publishing

Juris Diversitas - ven, 2014-05-30 07:17
Books: New Titles from Edward Elgar Publishing

The following titles are now available from Edward Elgar Publishing:

Renmin Chinese Law Review

Selected Papers of The Jurist, Volume 2
Edited by Jichun Shi, Editor in Chief, The Jurist and Professor of Law, Renmin University of China Law School, China Renmin Chinese Law Review, Volume 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China.
 Company Law in ChinaRegulation of Business Organizations in a Socialist Market Economy JiangYu Wang, Associate Professor, Faculty of Law, National University of Singapore
This accessible book offer a comprehensive and critical introduction to the law on business organizations in the People’s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recentlegislative and regulatory developments in the company law landscape in China. The book covers a wide range of topics including the definitions of companies as compared with other forms of business organizations, incorporation, shareholders rights andlegal remedies, corporate governance (including the fiduciary and other duties and liabilities of directors, supervisors and managers),corporate finance (including capital and shares offering), fundamental corporate changes (including mergers & acquisitions, and takeovers), and corporate liquidation and bankruptcy. In addition to presenting strong doctrinal analysis, the author also considers China’s unique social, political and economic contexts. China's Urbanization and the World EconomyFan Zhang, National School of Development, Peking University, China
This innovative book places China’s urbanization within a broader global context, including adetailed estimate of China’s total domestic market and its impact on the world economy.
Catégories: Comparative Law News

Article: Critical Cultural Translation: A Socio-Legal Framework for Regulatory Orders

Juris Diversitas - ven, 2014-05-30 06:55
Article:  Critical Cultural Translation: A Socio-Legal Framework for Regulatory Orders
"Critical Cultural Translation: A Socio-Legal Framework for Regulatory Orders" by Laura A. Foster, is now available on SSRN.

The making of legal regulatory orders has become increasingly transnational as legal ideas travel and are adopted, discarded, and refigured. Socio-legal scholars have recently turned to the framework of translation to guide examinations of how law changes from one context to the next and how law itself translates and transforms the subjects and objects it governs. Drawing upon science studies and feminist theory, this article develops critical cultural translation as possible socio-legal methodology and praxis for the study of transnational regulatory orders.

Furthering this line of inquiry, it addresses the regulation of benefit sharing and the patenting of indigenous San peoples’ knowledge in Southern Africa. Critical cultural translation involves a responsibility towards social justice and openness to disorientation, whereby normative legal meanings and language are broken up and reconfigured to allow for a plurality of coalitional politics towards more meaningful social change.
Catégories: Comparative Law News