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BOOK EXCERPT:
The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.
Product Details :
Genre |
: Law |
Author |
: George Mousourakis |
Publisher |
: Springer Nature |
Release |
: 2019-11-01 |
File |
: 323 Pages |
ISBN-13 |
: 9783030282813 |
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Zusammenfassung: This is an open access book. The position of Indonesia and most countries in IMF calculations, facing the same challenges. Each country requires the legal instruments of a good and reliable system of Government to guards against the worst possible economic turmoil. Good governance is an insistence of the constitution in the economic Article 33 paragraph (5), subsequently published Constitution Number: 30 Year of 2014 on Government Administration, contains 17 principles of a good governance. One of the important points of the principle is a government without corruption and manipulation of policy concepts in order to provide access to consolidation in politics and economy. The latest Transparency International report for 2023 shows that Indonesia's corruption perception index was recorded at 34 points on a scale of 0-100 in 2022. This is a 4-point decrease from the previous year. This decline in the CPI also brought down the ranking of Indonesia's CPI globally. It was noted that Indonesia's CPI in 2022 ranked 110th. In the previous year, Indonesia's CPI was ranked 96th globally. Good Governance is all aspects related to the control and supervision of the power of the Government in carrying out its functions through formal and informal institutions. To implement the principles of Good Governance and Clean Government, the Government must implement the principles of accountability and efficient resource management. Good and clean governance will contribute to economic growth and economic growth will have an impact on human development. During the last decades of 20th century, the needs for a good governance has given some impacts and became a recurring theme in literature related to human development. The intervention of government or the quality of government become crucially important in relation to the high achievement of human development. Whereas an effort in improving society's welfare is through economic development. One of dominant aspects in economic development is through legal development. Good law or policy in such country will have some impacts to the existence of good economic growth because supremacy of law is one aspect of a good governance. Law supremacy is an important institution which is related to economic growth because rule of law ensures personal safety, property rights, unbiased contract enforcement, stability of politics, freedom of speech and control of corruption. According to those various issues and debates on economic, legal development and good governance, then the Doctoral Program of the Faculty of Law Sebelas Maret University needs to hold an international conference as a place in exchanging some academic ideas in order to contributes to those legal issues with a theme, "INTERNATIONAL CONFERENCE ON LAW, ECONOMICS, AND GOOD GOVERNANCE"
Product Details :
Genre |
: |
Author |
: Abdul Kadir Jaelani |
Publisher |
: Springer Nature |
Release |
: 2024 |
File |
: 716 Pages |
ISBN-13 |
: 9782384762187 |
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BOOK EXCERPT:
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.
Product Details :
Genre |
: Law |
Author |
: Nicoletta Bersier |
Publisher |
: Springer Nature |
Release |
: 2022-01-01 |
File |
: 194 Pages |
ISBN-13 |
: 9783030877187 |
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BOOK EXCERPT:
The Routledge Handbook of Corporate Law provides an accessible overview of current research in the field, from an international and comparative perspective. In recent years there has been an explosion of corporate law research, as this area of law continues to develop rapidly throughout the world. Traditionally, Anglo–American corporate law theory has dominated debates and publications; however, this handbook readdresses the balance by exploring the treatment of corporate law in both Europe and Asia, as well developments in the US and UK. Bringing together a wide range of key thinkers in the field, this volume is divided into three main parts: Thinking about corporate law Corporate law principles and governance Some cross-cultural comparisons Providing up-to-date and authoritative articles covering all the key aspects of corporate law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
Product Details :
Genre |
: Law |
Author |
: Roman Tomasic |
Publisher |
: Taylor & Francis |
Release |
: 2016-11-10 |
File |
: 296 Pages |
ISBN-13 |
: 9781317662174 |
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Fully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean. The author explores: - the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.
Product Details :
Genre |
: Law |
Author |
: Rose-Marie Belle Antoine |
Publisher |
: Routledge |
Release |
: 2008-06-03 |
File |
: 487 Pages |
ISBN-13 |
: 9781135333850 |
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BOOK EXCERPT:
This book contains the proceedings of the 2nd Multidiscipline International Conference (MIC) 2022 will be an annual event hosted by Nusantara Training and Research (NTR). This year (2022), this event was held in collaboration with Nusantara Training and Research (NTR) with Universitas Borobudur Jakarta will be held on the virtual conference on 12 November 2022 at Semarang, Indonesia. We carry the theme "Multidisciplinary Research Synergies in Generating Innovations in The Digitalization Era" trying to continue to synchronize with all aspects in the pandemic era and prepare to face the new normal, as well as outlook of the field of Call for papers fields to be included in MIC. The scope of this event is multidisciplinary. Starting from social science, economics, education, law, engineering, religion, and other sciences. This conference was attended by participants and delegates from various universities from Indonesia, Malaysia, Brunai Darussalam, Philippines, Australia, and Japan. More than 100 participants from academics, practitioners and bureaucrats took part in this event to exchange knowledge according to their research results and competencies.
Product Details :
Genre |
: Social Science |
Author |
: Faisal Santiago |
Publisher |
: European Alliance for Innovation |
Release |
: 2023-02-14 |
File |
: 938 Pages |
ISBN-13 |
: 9781631903847 |
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BOOK EXCERPT:
These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars—and mostly political scientists at that—now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society. Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals—providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advocacy, litigation, and appellate review; opinions; relations within, between, and among courts; judicial independence; court and society; and frontiers of comparative judicial behaviour—dedicated to expanding on opportunities for advancement. Rather than focusing on particular courts, countries, or regions, the organization of the individual chapters is topical. Each chapter explores an important topic-critically evaluating the state of that topic and identifying opportunities for future work. While the forty-two chapters share a common interest in explaining the causes and effects of judicial choices, the range of approaches to comparative research is wide, inclusive, and interdisciplinary, from contrasts and similarities to sophisticated research agendas reflecting the emerging field of judicial behaviour around the world.
Product Details :
Genre |
: Law |
Author |
: |
Publisher |
: Oxford University Press |
Release |
: 2024-10-18 |
File |
: 1041 Pages |
ISBN-13 |
: 9780192653710 |
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BOOK EXCERPT:
"This book explores the theory and practice of rhetoric and professional communication in intercultural contexts, providing a framework for translating, localizing, and internationalizing communications and information products around the world"--Provided by publisher.
Product Details :
Genre |
: Business & Economics |
Author |
: Thatcher, Barry |
Publisher |
: IGI Global |
Release |
: 2011-12-31 |
File |
: 418 Pages |
ISBN-13 |
: 9781613504512 |
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BOOK EXCERPT:
Cultures use different writing strategies because they strive for different goals. Some cultures rely on writer responsibility while other cultures rely on reader responsibility. Writer responsibility emphasizes clear and concise prose, actions over subjects, practical implications, and follows a deductive logical structure. Misunderstandings are the writer's responsibility. Reader responsibility emphasizes flowery and ornate prose, subjects instead of actions, theoretical implications, and follows an inductive logical structure. Misunderstandings are the reader's responsibility. The differences between writer responsibility and reader responsibility help explain why some cultures prefer clarity when other cultures prefer complexity. The problem is that both writing styles are perfectly acceptable, but only within their given context. And this is why global writers need Writing Around the World.which: provides an overview to intercultural writing - explains the concept of the 'deepest dimensions of culture' - links language, thought, and culture - dissects two contrastive papers, including anatomy, basic principles, matters of form, and even style - connects logic and ethics with intercultural writing - offers tips and tools for writing around the world.
Product Details :
Genre |
: Language Arts & Disciplines |
Author |
: Matthew McCool |
Publisher |
: Bloomsbury Publishing |
Release |
: 2009-03-09 |
File |
: 158 Pages |
ISBN-13 |
: 9781441195395 |
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BOOK EXCERPT:
Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory
Product Details :
Genre |
: Law |
Author |
: Julie Rocheton |
Publisher |
: BRILL |
Release |
: 2024-03-04 |
File |
: 290 Pages |
ISBN-13 |
: 9789004689978 |