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Book
i, 203 pages ; 23 cm.
  • Introduction
  • On the rule of law; and on the consciousness of rights
  • A small dose of history
  • On modern religion
  • Is there a culture of human rights?
  • Universal and particular
  • Women and minorities
  • Privacy and dignity
  • Social, economic, and cultural rights
  • Sovereignty and rights
  • Some concluding remarks.
Law Library (Crown)
LAW-511-01
Book
xv, 227 p. : ill. ; 24 cm.
  • Courts and public policy reform in Brazil
  • The puzzling policy influence of Brazil's federal courts
  • Policy type and judicial contestation
  • The Supreme Federal Tribunal and veto players in Brazilian politics
  • Judicial contestation of policy : political parties
  • Judicial contestation of policy : the OAB
  • Courts in the policy process : pension reform in cross-national perspective.
Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts?Drawing on the experience of the Brazilian federal courts since the transition to democracy, "Judging Policy" examines the factors that drive policy actors to employ courts. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes."Judging Policy" also inserts the judiciary into the scholarly debate regarding executive-legislative and majority-minority relations in Latin America's largest and richest nation. By analyzing the full Brazilian federal court system - including not only the high court, but also trial and appellate courts - the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.
(source: Nielsen Book Data)9780804758116 20160528
Law Library (Crown)
LAW-5017-01, LAW-511-01
Book
xiii, 427 p. : ill. ; 24 cm.
  • Introduction - the legal culture of global business transactions, Volkmar Gressner et al. Part 1 The new global environment of business transactions: sovereignty and law in a denationalized world, Michael Zurn-- the institutional structuring of business transactions, Richard Whitley. Part 2 The role of legal rules -state law and unified law: global law in our high speed economy, William E. Scheuerman-- traditional private and commercial law rules under the pressure of global transactions - the role for an international order, Dieter Martiny. Part 3 The role of autonomous rules - the new "lex mercatoria" and self-regulation: "lex mercatoria" (new law merchant) - globalization and international self-regulation, Filip De Ly-- "lex mercatoria" - critical comments on a tricky topic, Felix Dasser-- global markets, new games, new rules - the challenge of international private governance, Franco Furger. Part 4 The role of the legal profession - mega-lawyers and in-house counsel: capital markets - those who can and cannot do the purest global law markets, John Flood-- the role of global law firms in constructing or obstructing a transitional regime of labour law, Harry Arthurs-- oil lawyers and the globalization of the Venezuelan oil industry, Rogelio Perez Perdomo. Part 5 The role of business networks - relationism and "guanxi": social logic as business logic - "guanxi", trustworthiness and the emebeddedness of Chinese business practices, Wai-Keung Chung and Gary G. Hamilton-- coasean foundations of a unified theory of Western and Chinese contractual practices and economic organizations, Janet Tai Landa-- understanding Chinese legal business norms - a comment on Janet Tai Landa's chapter, John K.M. Ohnesorge-- a brief note on "guanxi", Tai-lok Lui-- comment on Ohnesorge and Lui, Janet Tai Landa-- settling business disputes with China, Jerome A. Cohen.
  • (source: Nielsen Book Data)9781841132969 20160528
International business transactions are heavily influenced by culture, practice and rule. The pursuit of business relationships within nation-states can be subject to differences in the generation of norms and the processing of disputes, but these conflicts are magnified many times over in cross-border transactions where nation-state control and support is weak or absent. This book seeks different explanations of the ways in which business people and their legal advisers try to minimise the effect of these magnified difficulties. At the outset the editors suggest four sources through which the international business community might be considered to have supplemented nation-state conflict prevention and dispute resolution institutions-an international legal order; the development of a private normative order based on common business practices (denominated the lex mercatoria); through the efforts and work product of internationalised law firms, and by means of extensive, thick personal relationships often referred to by their Chinese term guanxi. Since most explanations are dominated by North American and European legal scholarship and practice, a second concern of this book is to open up the discussion to competing explanatory frameworks. Specifically, it develops the notion that global legal convergence may not be the immediate, inevitable result of increased global economic interaction. Rather, less formal mechanisms for achieving normative understanding and predictability in business dealings may also flourish.
(source: Nielsen Book Data)9781841132969 20160528
Law Library (Crown)
LAW-511-01
Book
viii, 541 p. ; 25 cm.
  • Preface. Part I: Civil Law and Common Law. 1. On the Convergence (and Divergence) of the Civil Law and the Common Law. 2. Legal Education There and Here: A Comparison. 3. The Public Law -- Private Law Distinction in European and United States Law. 4. How Others Do it: The French and German Judiciaries. 5. Judicial Responsibility in the United States. 6. The French Deviation. Part II: Italian Law. 7. The Italian Style I: Doctrine. 8. The Italian Style II: Law. 9. The Italian Style III: Interpretation. 10. When Courts Collide: Constitution and Cassation in Italy. Part III: Property and Inheritance. 11. Ownership and Estate: Variations on a Theme by Lawson. 12. Toward a Comparative Study of the Sale of Land. 13. The inter vivos Transfer of Land. 14. Policy, Autonomy, and the numerus clausus in Italian and American Property Law. Part IV: What Do Comparative Lawyers Do? 15. Comparative Law and Social Change: On the Origins, Style, Decline and Revival of the Law and Development Movement. 16. Comparative Law and Scientific Explanation. 17. Population, Civil Litigation and Legal Science. 18. Foreign Law as a Problem.
  • (source: Nielsen Book Data)9789041112156 20160528
In these critical essays, a comparative lawyer examines the movement for convergence of the Civil Law and the Common Law, describes the Italian style and the French deviation, contrasts Common Law estate with Civil Law ownership, and explains why the distinction between public law and private law is important to Civil Lawyers but has little interest for Common Lawyers. The book also proposes a marriage of comparative law and scientific explanation, and emphasizes the fundamental relation between law and social and cultural change.
(source: Nielsen Book Data)9789041112156 20160528
Law Library (Crown)
LAW-511-01, LAW-697-01
Book
ix, 137 p. : map ; 24 cm.
  • Part I. Introduction-- Part II. Roman Law in Antiquity: 1. The law of the Twelve Tables-- 2. Legal development by interpretation-- 3. The praetor and the control of remedies-- 4. The ius gentium and the advent of jurists-- 5. The Empire and the law-- 6. The jurists in the classical period-- 7. The ordering of the law-- 8. The culmination of classical jurisprudence-- 9. The division of the empire-- 10. Post-classical law and procedure-- 11. The decline of legal science-- 12. The end of the Western empire-- 13. Justinian and the Corpus iuris-- Part III. The Revival of Justinian's Law: 14. Roman law and Germanic law in the West-- 15. Church and empire-- 16. The rediscovery of the Digest-- 17. The civil law glossolators-- 18. Civil law and canon law-- 19. The attraction of the Bologna studium-- 20. The new learning outside Italy-- 21. Applied civil law: legal procedure-- 22. Applied civil law: legislative power-- 23. Civil law and custom-- 24. Civil law and local laws in the thirteenth century-- 25. The studium of Orleans-- Part IV. Roman Law and the Nation State: 26. The commentators-- 27. The impact of humanism-- 28. Humanism and the civil law-- 29. The civil law becomes a science-- 30. The ordering of the customary law-- 31. The Bartolist reaction-- 32. The reception of Roman law-- 33. The reception in Germany-- 34. Court practice as a source of law-- 35. Civil law and natural law-- 36. Civil law and international law-- 37. Theory and practice in the Netherlands-- Part V. Roman Law and Codification: 38. Roman law and national laws-- 39. The mature natural law-- 40. The codification movement-- 41. Early codifications in Germany and Austria-- 42. Pothier and the French Civil Code-- 43. The German historical school-- 44. Pandect-science and the German Civil Code-- 45. Nineteenth-century legal science outside Germany-- 46. Roman law in the twentieth century.
  • (source: Nielsen Book Data)9780521643795 20160528
This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.
(source: Nielsen Book Data)9780521643795 20160528
Law Library (Crown)
LAW-5017-01, LAW-511-01
Book
ix, 357 p. ; 23 cm.
This study describes a Latin American legal system which punishes only the poor and a "democratic" state which fails to control its own agents' arbitrary practices. The contributors argue that judicial reform cannot be seperated from human rights and that justice must be made available to the poor.
(source: Nielsen Book Data)9780268043025 20160528
Law Library (Crown)
LAW-511-01
Book
xi, 221 p. ; 23 cm.
Law Library (Crown)
LAW-511-01
Book
lxii, 1,278 p. ; 27 cm.
Intended for use in introductory courses in comparative law or civil law systems, this book is the successor edition to John Henry Merryman and David S. Clark's "Comparative Law: Western European and Latin American Legal Systems" (1978). It is a successor edition rather than a second edition because it reflects the truly fundamental changes that have occurred in the relationships among the world's major legal systems during the past 16 years. First, the book recognizes the contribution of the civil law tradition to contemporary national systems in East Asia, Japan being the principal example. Second, the enlarged, 16 member-nation European Union, along with Japan and new industrial nations of East Asia and the United States, have become the principal players in world affairs. Third, with the decline of Soviet socialism has come a decline in significance in Soviet law. Fourth, one cannot ignore the increased presence of Latin America in our new multipolar world. The aim of this book is to introduce the student to the family of legal systems common to Europe, Latin America and East Asia. A distinguishing feature of this book is its deemphasis on rules and related doctrine. Greater attention is paid to the social and intellectual climate, institutional structures, roles played by legal professionals and procedures characteristic of the legal system since these are more instructive.
(source: Nielsen Book Data)9781558341807 20160527
Law Library (Crown)
LAW-511-01
Book
xv, 485 p. : ill., maps ; 24 cm.
  • 1. Latin American economic development: an overview-- 2. The struggle for national identity - from independence to mid-century-- 3. The export sector and the world economy: c. 1850-1914-- 4. Export-led growth - the supply side-- 5. Export-led growth and the non-export economy-- 6. World War I and its aftermath-- 7. Policy, performance and structural change in the 1930s-- 8. War and the new international economic order-- 9. Inward-looking development in the postwar period-- 10. New trade strategies and debt-led growth-- 11. Debt, adjustment and recovery.
  • (source: Nielsen Book Data)9780521368728 20160528
The Economic History of Latin America seeks to explain why, despite the region's abundance of natural resources and a favourable ratio of land to labour, not a single republic of Latin America has achieved the status of a developed country after nearly two centuries free from colonial rule. Taking its narrative from the end of the colonial epoch to the early 1990s, this book provides a comprehensive, balanced portrait of the factors affecting economic progress in Latin America. This book explains the successes and failures of export-led growth in the nineteenth century, and the withdrawal, after the depression of 1929, of many countries into a model of import-substitution industrialization. The debt crisis of the 1980s effectively ended hopes for the inward-looking approach, however, and the author examines the routes through which Latin American republics pursued a new version of export-led growth.
(source: Nielsen Book Data)9780521368728 20160528
Law Library (Crown)
LAW-511-01
Book
xvi, 247, b-x p. : ill. ; 23 cm.
Law Library (Crown)
LAW-511-01
Book
viii, 125 p. : illus. ; 24 cm.
Law Library (Crown)
LAW-511-01