Law and Legal Culture in Comparative PerspectiveComparative legal studies are at last commanding the thoughts of contemporary jurists Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society. |
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Contents
Table of Contents | 9 |
Civil Procedure and the Common and Civil Law | 26 |
Reception of Law and Civil Law Traditions | 50 |
Rights and Laws | 60 |
Collective Rights and Individual Interests | 78 |
The Future of Human Rights Does it have one? | 99 |
Justice in Legal Doctrine | 110 |
Human Rights in an Age of Terrorism | 125 |
Codifying International Law in an Era of Clashing Civilisations and Legal | 222 |
The Form and Content of a Precedent Methodology | 273 |
Contemporary Perspectives | 286 |
To have the Cake and Eat it Too? China and the Rule of Law | 313 |
Reflections on the Past and Concerns | 336 |
The Promise of Acceptance | 355 |
International Comparisons | 368 |
Comparative Corporate Governance and Russia Coming Full Circle | 394 |
The Case of Changing Norms | 142 |
Rights and Legal Culture | 172 |
Our paradoxical Legal System and its Courts | 195 |
Cultural Diversity and Cultural Human Rights | 216 |
The Subsidiarity Principle in European Community Law and the Irish | 406 |
Judges and Judicial Power under the Hong Kong Basic Law | 421 |
Contributors | 443 |
Common terms and phrases
accepted according action administrative adopted appeal applied appointment approach Australia authority basis China Chinese civil claims Code collective Commission Committee common law comparative concept concerned considered constitutional continue Convention Corporate countries court cultural decided decision determine discussion doctrine economic effect established European example exercise existence fact fugitive function fundamental further held High historical human rights important individual insolvency institutions interests issues judge judicial justice legal system legislation limited matter means moral nature norms Note operations paradox parents particular parties person political position possible practice precedent present principle problem procedure proportionality protection question reason referred reform regard relation Report respect result role rule of law social society statute structure theory tion tort traditional United University validity
Bibliographic information
| Title | Law and Legal Culture in Comparative Perspective Law and social philosophy Rechts- und Sozialphilosophie |
| Editors | Günther Doeker-Mach, Klaus A. Ziegert |
| Contributor | Alice Erh-Soon Tay |
| Publisher | Franz Steiner Verlag, 2004 |
| ISBN | 3515085602, 9783515085601 |
| Length | 444 pages |
| Export Citation | BiBTeX EndNote RefMan |