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Tuesday, April 28, 2020 | History

5 edition of Comparative Legal Reasoning and European Law (Law and Philosophy Library) found in the catalog.

Comparative Legal Reasoning and European Law (Law and Philosophy Library)

  • 43 Want to read
  • 31 Currently reading

Published by Springer .
Written in English

    Subjects:
  • Jurisprudence & philosophy of law,
  • Legal Reference / Law Profession,
  • Law,
  • Comparative,
  • Law / Comparative,
  • Philosophy / General

  • The Physical Object
    FormatPaperback
    Number of Pages352
    ID Numbers
    Open LibraryOL8369877M
    ISBN 10140200284X
    ISBN 109781402002847

    For over four decades, Zweigert and Kötz’s textbook, Introduction to Comparative Law, transl. by Tony Weir, 3rd ed. (Oxford: Oxford University Press, ), has governed much of the research undertaken in the field of comparative law and has defined, politically and otherwise, what kind of comparative legal research is to be regarded as.   Reviews “Virtue, Emotion and Imagination in Law is a nuanced and sophisticated exploration of the multiple ways in which the concepts of emotion, virtue, and imagination intersect, diverge, and enrich one another. It is a gorgeously written book, deeply informed by a wide range of sources, methodologies, and cultural contexts, and including work by some of .


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Comparative Legal Reasoning and European Law (Law and Philosophy Library) by Markku Kiikeri Download PDF EPUB FB2

Comparative Legal Reasoning and European Law (Law and Philosophy Library Book 50) - Kindle edition by Kiikeri, Markku. Download it once and read it on your Kindle device, PC, phones or tablets.

Use features like bookmarks, note taking and highlighting while reading Comparative Legal Reasoning and European Law Comparative Legal Reasoning and European Law book and Philosophy Library Book 50).

The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined.

The book is intended for students and researchers in European law but it also contains aspects to be taken into Brand: Springer Netherlands. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined.

The book is intended for students and researchers in European law but it also contains aspects to be taken into. "The book Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication.

It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions.

Comparative Legal Comparative Legal Reasoning and European Law book and European Law (Law and Philosophy Library) [Kiikeri, Markku] on *FREE* shipping on qualifying offers. Comparative Legal Reasoning and European Law (Law and Philosophy Library)Cited by: This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice.

Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in. The objective in this part of the Comparative Legal Reasoning and European Law book is to consider the “practice” of comparative reasoning in law from the point of view of the ideas developed in the previous chapters.

This means an examination of the value-based argumentative and justificatory restrictions and the determination of the scope of the use of comparative observations in Cited by: 1. Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions.

Comparative Legal Reasoning and European Law presents with utilizing comparative regulation in European approved adjudication.

It describes the completely several types of utilizing comparative regulation in approved reasoning, argumentation and justification in various nationwide approved orders and in European diploma approved institutions.

Perhaps as a sign of the times, both issues, judicial reasoning and the legitimacy of the Court of Justice, are coming to the fore (again). This review essay critically examines a recent addition to the debate: Gunnar Beck’s 'The Legal Cited by: 2.

A book claiming to rethink legal reasoning would seem to be one making a very bold, if not arrogant, claim. And so the first observation to be made about my new work — Rethinking Legal Reasoning (Edward Elgar, ) — is that ‘rethinking’ should perhaps be viewed more modestly.

It ought, at least Comparative Legal Reasoning and European Law book regard Comparative Legal Reasoning and European Law book this new title, to be understood as just a. This is the introduction to the book “Comparative Reasoning in European Supreme Courts” that puts similar claims to test in relation to highest national jurisdictions, i.e.

supreme and constitutional courts, in Europe : Michal Bobek. The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes.

By doing so, the judges are said to engage in cross-border judicial Comparative Legal Reasoning and European Law book. legal reasoning took place with common parameters derived f rom the new journals on comparative and European private law now exist.

both comparative law. encompasses on the one hand the influence on European private law of different legal systems (Roman law, the law of member states, the law of non-European states).

On the other hand, it includes the transmission of European law to non-European legal systems. A third theme of Comparative Law is the development of a general theory of law. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law.

The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory program in. Foreign law consists of the rules governing the domestic laws of individual foreign ative law involves comparing foreign legal principles and institutions with one's own; it is a method of studying legal problems, rather than a body of rules and principles.

This guide is intended to provide a general overview of foreign and comparative law sources. This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways.

What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular. The book, comprising contributions by. EUROPEAN PUBLIC LAW Markku Kiikeri, Comparative Legal Reasoning and European Law, (Dordrecht: Kluwer Academic Publishers, ) pp., ISBNhb The present century has been heralded "the era of comparative law", the time of its maturation.

With a Common Civil Code on the horizon, it is not surprising that a European, T. Notion of European Law are considered to be necessary in a "democratic European law may be defined as the sum of both society" (e.g. Arts. 8 to 11 of the European institutional and substantive legal norms which Convention on Human Rights).

have been developed by different groups of European States (--> European Law).Cited by: 2. The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Judges are said to increasingly rely on inspiration from outside of their national legal systems for solving purely domestic cases.

This book puts similar claims to the test in relation to the highest national jurisdictions, i.e. supreme and constitutional courts, in Europe today. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice.

Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in Author: András Jakab. The book addresses these questions from both an empirical and a theoretical angle.

Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France. Comparative tort law and economics, European p rivate law, tort law, economic analysis of tort law, harmonization, regulatory competi tion JEL Classifications: K10, K20, K30, H   Read "Comparative Reasoning in European Supreme Courts" by Michal Bobek available from Rakuten Kobo.

The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labe Brand: OUP Oxford. interest in comparative law in general and in the comparative study of legal reasoning in particular to encounter Melvin Aron Eisen-berg's The Nature of the Common Law,20 a book which successfully undertakes nothing less than a comprehensive and systematic study of the principles and forms of reasoning employed by courts in the.

Despite considerable research – philosophical and historical – in recent decades on emotion and imagination (and virtue too), there is still a great deal of scepticism amongst legal scholars, as well as legal philosophers, as to the importance of virtue, emotion and imagination for law and legal reasoning.

He also teaches various subjects including legal sociology, comparative law and comparative legal reasoning. Gar Yein Ng is currently a lecturer in law at the University of Buckingham. Her research focuses on court and justice management, public and procedural law (particularly at the intersection between law and technology) from a.

Comparative law within a European and international law context: Common ground: a starting point or destination for comparative-law analysis by the European Court of Human Rights / Paul Mahoney, Rachael Kondak; Comparative law method and the Court of Justice of the European Union: interlocking legal orders revisited / Koen Lenaerts, Kathleen.

(Carla Zoethout, European Constitutional Law Review) This book offers a significant contribution to both the jurisprudence of legal reasoning and to the study of the role of comparative law in legal development. The analysis is sophisticated It merits careful study by those engaged in the practice of undertaking and using comparative : Michal Bobek.

Using book and chapter pages; Using Research Literature Reviews; Elgaronline User Help Videos - Spanish; Purchase Options. Major subject collections; Encyclopedia of Private International Law; Encyclopedia of Law and Economics, 2nd Edition; Elgar Encyclopedia of Environmental Law; Elgar Encyclopedia of International Economic Law; Subject.

Comparative Reasoning in International Courts and Tribunals; Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed.

the use of domestic law in the interpretation of international law. This book examines the practice Author: Daniel Peat. Formerly Anglo-German Fellow at the Institute of European and Comparative Law, University of Oxford, he remains associated with the Institute. He qualified as judge in the Czech Republic and worked as legal secretary to the President of the Supreme Administrative Court, where he also headed the Research and Documentation Department of the Court.

The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined. The book is intended for students and researchers in European law but it also contains aspects to be taken into Cited by: To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice.

The Debate on Comparative Reasoning by Courts -- 2. Foreign Law in Courts: A Typology -- 3. Factors Influencing the Use of Comparative Law by Courts -- 4. Prologue: The Methodology and its Pitfalls -- 5. England and Wales -- 6. France -- 7. Germany -- 8.

Czech Republic -- 9. Slovakia -- Empirical Epilogue -- Comparative Reasoning in Cited by: Review a Brill Book; Making Sense of Illustrated Handwritten Archives; FAQ; Search.

Close Search. Advanced Search Help COMPARATIVE LEGAL REASONING AND EUROPEAN LAW in Tilburg Law Review. Online Publication Date: 01 Jan Comparative Law.

The workshops on “Comparative Legal History–Ius Commune in the Making” aim to reveal and understand the nature and effects of various legal formants in the development of law. Indeed, forces of legal formants are too often lost or hidden beneath a superficies of commonalities. History is a living laboratory.

This chapter discusses how the EU and the European Convention on Human Rights have imposed a form of comparative legal pressure on French public law that has led to the development of spontaneous comparative law.

The use of foreign law currently takes two major forms in the Council of State’s case law. First, it is often used as an argument by the Author: Olivier Dutheillet de Lamothe. This section contains free e-books and guides on Law Books, some of the resources in this section can be viewed online and some of them can be downloaded.

Administrative Law. Constitutional Law. Equity & Trusts Law. International Law. Labour & Employment Law. Recently Added Books. Administrative Appeals Tribunal Act Australia. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying pdf, approaches to legal method, argumentation and discourse, etc., which limit the possibilities of "objectivity" in law and in legal reasoning.

The authors of this book reveal some of these underlying notions and discuss their.Legal Reasoning. Download pdf. In countries like the United States and England, where thought about law has focused primarily on adjudication, legal reasoning is often identified with the intellectual processes by which judges reach conclusions in deciding cases.

In countries like France and Germany, on the other hand, where thought about law has focused primarily on .Historical development of ebook law. The ebook comparative law is a modern one, first used in the 19th century when it became clear that the comparison of legal institutions deserved a systematic approach, in order to increase understanding of foreign cultures and to further legal progress.

From early times, however, certain scholars and researchers have made use of the .