Law and Legal Culture in Comparative PerspectiveGünther Doeker-Mach, Klaus A. Ziegert Franz Steiner Verlag, 2004 - 444 pages Comparative 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 administrative law adopted Alice Tay appeal applied appointment Article Australia CCAA China Chinese civil law Code codification collective rights Commission Committee common law concept constitutional law Convention Corporate Governance corrective justice creditors criminal cultural decision due process rights economic European fact fugitive disentitlement doctrine function fundamental global Gummow Hague High Court human rights Indigenous individual insolvency institutions interests International Law International Law Commission issues judge judicial jurists Kamenka law system lawyers legal communication legal operations legal system legislation Luhmann market economy moral native title Nordic norms paradox parents parties person plaintiff political precedent principle procedure proportionality protection purpose question reason reform regimes role rule of law scholars social socialist socialist market economy society statute structure substantive Supreme Court theory tion traditional United Kingdom United Nations validity Wednesbury unreasonableness Yorta Yorta