a study of mixed legal systems endangered entrenched or blended juris diversitas

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A Study Of Mixed Legal Systems Endangered Entrenched Or Blended

Author : Sue Farran
ISBN : 9781317186496
Genre : Law
File Size : 80. 12 MB
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A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ’entrenched’, ’endangered’, or ’blended’. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.

A Study Of Mixed Legal Systems Endangered Entrenched Or Blended

Author : Dr Seán Patrick Donlan
ISBN : 9781472441799
Genre : Law
File Size : 83. 80 MB
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A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ‘entrenched’, ‘endangered’, or ‘blended’. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.

The Diffusion Of Law

Author : Sue Farran
ISBN : 9781317035855
Genre : Law
File Size : 34. 78 MB
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In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form. This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method.

Law Between Buildings

Author : Nestor Davidson
ISBN : 9781317107620
Genre : Law
File Size : 31. 7 MB
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The rich field of urban law has thus far lacked a holistic and concerted scholarly focus on comparative and global perspectives. This work offers new inroads into the global and comparative streams within urban law by presenting emerging frameworks and approaches to topics ranging from urban housing and land use to legal informality and consumer financial protection. The volume brings together a group of international urban legal scholars to highlight emergent global, interdisciplinary perspectives within the field of urban law, particularly as they have import for comparative legal analysis. The book presents a timely addition to the literature given the urgent legal issues that continue to surface in an age of rapid urbanization and globalization.

Concepts Of Law

Author : Dr Lukas Heckendorn Urscheler
ISBN : 9781472401540
Genre : Law
File Size : 57. 24 MB
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Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ‘governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.

Indigenous Rights In Scandinavia

Author : Christina Allard
ISBN : 9781317117285
Genre : Law
File Size : 88. 48 MB
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This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights. The study sheds light on the contrasts between the three countries on the one hand, and between Scandinavia, Canada and New Zealand on the other, showing that although there are obvious differences, for instance related to colonisation and present legal solutions, there are also shared experiences among the indigenous peoples and the States. Filling a gap in an under-researched area of Sami rights, this book will be a valuable resource for academics, researchers and policy-makers with an interest in Indigenous Peoples Law and comparative research.

The Blackwell History Of The Latin Language

Author : James Clackson
ISBN : 9781444393583
Genre : Literary Criticism
File Size : 33. 30 MB
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This text makes use of contemporary work in linguistics to provide up-to-date commentary on the development of Latin, from its prehistoric origins in the Indo-European language family, through the earliest texts, to the creation of the Classical Language of Cicero and Vergil, and examines the impact of the spread of spoken Latin through the Roman Empire. The first book in English in more than 50 years to provide comprehensive coverage of the history of the Latin language Gives a full account of the transformation of the language in the context of the rise and fall of Ancient Rome Presents up-to-date commentary on the key linguistic issues Makes use of carefully selected texts, many of which have only recently come to light Includes maps and glossary as well as fully translated and annotated sample texts that illustrate the different stages of the language Accessible to readers without a formal knowledge of Latin or linguistics

Of Doubt And Proof

Author : Professor Anthony Good
ISBN : 9781472434517
Genre : Law
File Size : 21. 87 MB
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All institutions concerned with the process of judging – whether it be deciding between alternative courses of action, determining a judge’s professional integrity, assigning culpability for an alleged crime, or ruling on the credibility of an asylum claimant – are necessarily concerned with the question of doubt. By putting ritual and judicial settings into comparative perspective, in contexts as diverse as Indian and Taiwanese divination and international cricket, as well as legal processes in France, the UK, India, Denmark and Ghana, this book offers a comprehensive and novel perspective on techniques for casting and dispelling doubt, and the roles they play in achieving verdicts or decisions that appear both valid and just.

Law In The Time Of Oxymora

Author : Rostam J. Neuwirth
ISBN : 0815346697
Genre : Law
File Size : 88. 62 MB
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What do different concepts like true lie, bad luck, honest thief, old news, spacetime, glocalisation, symplexity, sustainable development, constant change, soft law, substantive due process, pure law, bureaucratic efficiency and global justice have in common? What connections do they share with innumerable paradoxes, like the ones of happiness, of time, globalisation, sex, and of free will and fate? Law in the Time of Oxymora provides answers to these conundrums by critically comparing the apparent rise in recent years of the use of rhetorical figures called "essentially oxymoronic concepts" (i.e. oxymora, enantiosis and paradoxes) in the areas of art, science and law. Albeit to varying degrees, these concepts share the quality of giving expression to apparent contradictions. Through this quality, they also challenge the scientific paradigm rooted in the dualist thinking and binary logic that is traditionally used in the West, as opposed to the East, where a paradoxical mode of thinking and fuzzy logic are said to have been cultivated. Following a review of oxymora and paradoxes in art and various scientific writings, hundreds of ¿hard cases¿ featuring oxymora and a comprehensive review of the legal literature are discussed, revealing evidence suggesting that the present scientific paradigm of dualism alone will no longer be able to tackle the challenges arising from increasing diversity and complexity coupled with an apparent acceleration of change. Law in the Time of Oxymora reaches the surprising conclusion that essentially oxymoronic concepts may inaugurate a new era of cognition involving the ways the senses interact and how we reason, think and make decisions in law and in life.

Mixed Legal Systems East And West

Author : Ms Anna Koppel
ISBN : 9781472431080
Genre : Law
File Size : 57. 39 MB
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This book takes us far beyond the usual focus of comparative law with analysis of a broad range of jurisdictions, including mixtures of common and civil law, and also those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. The discussion is situated within the broader context of the continuing tides of globalization, the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts.

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