Law, Legal Culture and Politics in the Twenty First Century

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Günther Doeker-Mach, Klaus A. Ziegert
Franz Steiner Verlag, 2004 - 527 pages
This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .

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Contents

Preface
13
The High Court of Australia and the House of Lords 19032003
43
Civil Procedure and the Common and Civil Law
55
Reception of Law and Civil Law Traditions
79
Human Rights in an Age of Terrorism
89
Corrective Justice and the Paradox of Future Individuals
109
Collective Rights and Individual Interests
127
Le principe de précaution
148
The Form and Content of a Precedent Methodology
212
Sociolegal Thought and Legal Modernization in Contemporary China
226
To have the Cake and Eat it Too? China and the Rule of Law
250
Codifying International Law in an Era of Clashing Civilisations
273
The Case of Changing Norms
324
Judges and Judicial Power under the Hong Kong Basic
465
Asian Pacific Legal Culture Comparative Constitutionalism 355
487
List of Publications of Alice ErhSoonTay
509

The Future of Human Rights Does it have one?
165
Our paradoxical Legal System and its Courts
176
Justice in Legal Doctrine
197
Contributors
525
Copyright

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