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Comparative Reasoning in European Supreme Courts

by Michal Bobek

The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.

Comparative Regional Systems: West and East Europe, North America, the Middle East, and Developing Countries

by Werner J. Feld Gavin Boyd

Comparative Regional Systems: West and East Europe, North America, The Middle East, and Developing Countries examines the diplomatic relationship between countries that are in the same region. The title analyzes the issues that cause cooperative and aggressive behavior in a region. The text presents the comparative study of international regions, and then proceeds to discussing social-psychological factors in regional politic and the regional patterns of economic cooperation. Next, the selection studies a specific international region, such as Europe, North America, Asia, Africa, and Latin America. The text also deals with political change in regional systems; the patterns of transregional relations; and regional organization and the global system. The book will be of great interest to economists, political scientists, sociologists, and behavioral scientists.

Comparative Religious Ethics: A Narrative Approach to Global Ethics

by Darrell J. Fasching Dell deChant David M. Lantigua

This popular textbook has been thoroughly revised and updated to reflect recent global developments, whilst retaining its unique and compelling narrative-style approach. Using ancient stories from diverse religions, it explores a broad range of important and complex moral issues, resulting in a truly reader-friendly and comparative introduction to religious ethics. A thoroughly revised and expanded new edition of this popular textbook, yet retains the unique narrative-style approach which has proved so successful with students Considers the ways in which ancient stories from diverse religions, such as the Bhagavad Gita and the lives of Jesus and Buddha, have provided ethical orientation in the modern world Updated to reflect recent discussions on globalization and its influence on cross-cultural and comparative ethics, economic dimensions to ethics, Gandhian traditions, and global ethics in an age of terrorism Expands coverage of Asian religions, quest narratives, the religious and philosophical approach to ethics in the West, and considers Chinese influences on Thich Nhat Hanh’s Zen Buddhism, and Augustine’s Confessions Accompanied by an instructor’s manual (coming soon, see www.wiley.com/go/fasching) which shows how to use the book in conjunction with contemporary films

Comparative Religious Ethics: A Narrative Approach to Global Ethics

by Darrell J. Fasching Dell deChant David M. Lantigua

This popular textbook has been thoroughly revised and updated to reflect recent global developments, whilst retaining its unique and compelling narrative-style approach. Using ancient stories from diverse religions, it explores a broad range of important and complex moral issues, resulting in a truly reader-friendly and comparative introduction to religious ethics. A thoroughly revised and expanded new edition of this popular textbook, yet retains the unique narrative-style approach which has proved so successful with students Considers the ways in which ancient stories from diverse religions, such as the Bhagavad Gita and the lives of Jesus and Buddha, have provided ethical orientation in the modern world Updated to reflect recent discussions on globalization and its influence on cross-cultural and comparative ethics, economic dimensions to ethics, Gandhian traditions, and global ethics in an age of terrorism Expands coverage of Asian religions, quest narratives, the religious and philosophical approach to ethics in the West, and considers Chinese influences on Thich Nhat Hanh’s Zen Buddhism, and Augustine’s Confessions Accompanied by an instructor’s manual (coming soon, see www.wiley.com/go/fasching) which shows how to use the book in conjunction with contemporary films

Comparative Remedies for Breach of Contract (International Studies in the Theory of Private Law)

by Nili Cohen Ewan Mckendrick

The book provides a comparative analysis of the law relating to remedies for breach of contract. It examines different remedies such as specific performance and damages,doing so from the viewpoint of different legal systems, principally the English, American, German, French and Israeli. Each essay is written by a recognised specialist in his or her own field. Topics covered include the relationship between substantive rights and contract remedies, the recent reforms of the law relating to breach of contract in Germany, the remedies in the context of a third party beneficiary and the extent to which a claimant can choose the remedy which he or she deems to be the most appropriate. The book also makes use of a range of techniques, particularly economic analysis, when examining the legal rules. The book contains an introductory essay written by the editors and an essay by Professor Friedman, which deals with the relationship between substantive rights and contract remedies.

Comparative Securities Law: Perspectives from Kuwait, the UK and US

by Abdullah Alshebli

Providing a clear introduction to securities laws and how they are applied in different countries, this book compares the enaction and enforcement of securities laws in Kuwait, the UK and the USA. It explores the philosophy behind securities laws and methods of application in Kuwait, the US and UK to consider the benefits and the risks associated with trading in securities. Using case studies from each jurisdiction, the book takes a comparative approach to examining the different laws that have been enacted with a view to addressing problems that have developed on stock exchanges and in corporate governance. It details the different regulatory authorities in the different countries and the rules and laws that are used to ensure that markets continue to trade and that investors are protected, highlighting the differences in common law, civil law and Middle Eastern law approaches to securities and the bearing of these in the modern securities trade. Contributing to the general discipline of securities law and providing valuable insights into Middle Eastern law, the US and UK, this book will be of interest to students of international law, scholars, policy makers and government officials.

Comparative Securities Law: Perspectives from Kuwait, the UK and US

by Abdullah Alshebli

Providing a clear introduction to securities laws and how they are applied in different countries, this book compares the enaction and enforcement of securities laws in Kuwait, the UK and the USA. It explores the philosophy behind securities laws and methods of application in Kuwait, the US and UK to consider the benefits and the risks associated with trading in securities. Using case studies from each jurisdiction, the book takes a comparative approach to examining the different laws that have been enacted with a view to addressing problems that have developed on stock exchanges and in corporate governance. It details the different regulatory authorities in the different countries and the rules and laws that are used to ensure that markets continue to trade and that investors are protected, highlighting the differences in common law, civil law and Middle Eastern law approaches to securities and the bearing of these in the modern securities trade. Contributing to the general discipline of securities law and providing valuable insights into Middle Eastern law, the US and UK, this book will be of interest to students of international law, scholars, policy makers and government officials.

A Comparative Study of Funding Shareholder Litigation

by Wenjing Chen

This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.

A Comparative Study of Representative Systems

by Yezhong Zhou

Comparative Succession Law: Volume II: Intestate Succession

by Kenneth G C Reid, Marius J DE Waal and Reinhard Zimmermann

Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.

Comparative Succession Law: Volume III: Mandatory Family Protection

by Kenneth G C Reid, Marius J De Waal and Reinhard Zimmermann

This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.

Comparative Succession Law: Volume II: Intestate Succession


Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.

Comparative Succession Law: Volume III: Mandatory Family Protection


This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.

Comparative Survey of Securities Laws: A review of the securities and related laws of fourteen nations

by International Bar Association Staff

The Section on Business Law of the International Bar Association is greatly indebted to the Editor, J. Michael Robinson and to John Gauntlett, the Chairman of the Committee on Issues and Trading in Securities, and his Vice­ Chairmen, Blaise Pasztory, Robert Briner and the members of the Committee who have contributed, for their joint efforts in preparing this ftrst book of their committee. It will make a valuable addition to the libraries of all practising lawyers because it has been written by practising lawyers, with the knowledge and experience of their own daily work and the understanding of what a practi­ tioner is looking for. I am confident that this book will prove of real assistance to practitioners world-wide, as have previous publications of other Committees of the Section on Business Law. I wish it great success. I hope that you may wish to join the Section on Business Law and thereby make contact and work with lawyers with similar interests in commercial law. WALTER OPPENHOF Chairman of the Section on Business Law XI Editor's Introduction I have great pleasure in presenting reports from fourteen countries. In the best tradition of many institutions of higher learning which trace their origins to some medieval ale house, this project has its genesis in a bar.

Comparative Tax Law

by Victor Thuronyi Kim Brooks

Although the details of tax law are literally endless—differing not only from jurisdiction to jurisdiction but also from day-to-day—structures and patterns exist across tax systems that can be understood with relative ease. This book, now in an updated new edition, focuses on these essential patterns. It provides an immensely useful introduction to the core common knowledge that any well-informed tax lawyer or policy maker should have about comparative tax law in our times. The busy reader will welcome the compact nature of this work, which is shorter than the first edition and can be read in a weekend if one skips footnotes. The authors elucidate the commonalities and differences across countries in areas including (much of the detail new to the second edition): • general anti-avoidance rules; • court decisions striking down tax laws as violating constitutional rules against retroactivity, unequal treatment of equals, confiscation, and undue vagueness; • statutory interpretation; • inflation adjustment rules and the allowance for corporate equity; • value added tax systems; • concepts such as “tax”, “capital gain”, “tax avoidance”, and “partnership”; • corporate-shareholder tax systems; • the relationship between tax and financial accounting; • taxation of investment income; • tax authorities’ ability to obtain and process information about taxpayers; and • systems of appeals from tax assessments. The information and analysis pull together valuable material which is scattered over a disparate literature, much of it not available in English. Especially considering the dynamic nature of tax law, whose rate of change exceeds that of any other field of law, the authors’ clear identification of the underlying patterns and fundamental structures that all tax systems have in common—as well as where the differences lie—guides the reader and offers resources for further research.

Comparative Tort Law: Cases, Materials, and Exercises

by Thomas Kadner Kadner-Graziano

Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.

Comparative Tort Law: Cases, Materials, and Exercises

by Thomas Kadner Kadner-Graziano

Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.

Comparative Tort Law: Global Perspectives (Research Handbooks in Comparative Law series)


This revised second edition of Comparative Tort Law offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it examines common issues such as causation, economic and non-economic damages, product and professional liability, and the relationship between tort law and crime, insurance and public welfare schemes. Featuring contributions from international experts, this book also provides a comprehensive comparative assessment of tort law cultures, contextualising them within the legal systems and societies that sustain them. Chapters cover many jurisdictions often overlooked in the mainstream literature, and explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia. Comparative Tort Law is a critical tool for students, scholars and academic researchers, especially those specialising in tort and comparative law. It will also be useful to policymakers, practitioners and judges, in particular those dealing with differing tort law systems.

Comparative Workplace Employment Relations: An Analysis of Practice in Britain and France

by Alex Bryson John Forth Thomas Amossé Héloïse Petit

This comprehensive study provides a perceptive portrait of workplace employment relations in Britain and France using comparable data from two large-scale surveys: the British Workplace Employment Relations Survey (WERS) and the French Enquête Relations Professionnelles et Négociations d’Entreprise (REPONSE). These extensive linked employer-employee surveys provide nationally-representative data on private sector employment relations in all but the smallest workplaces, and offer a unique opportunity to compare and contrast workplace employment relations under two very different employment regimes. An insightful read for all academics and students of employment, the findings also have implications for practitioners and policy-makers keen to identify and promote “best practice”.

Comparing Kant and Sartre

by Sorin Baiasu

For a long time, commentators viewed Sartre as one of Kant's significant twentieth-century critics. Recent research of their philosophies has discovered that Sartre's relation to Kant's work manifests an 'anxiety of influence', which masks more profound similarities. This volume of newly written comparative essays is the first edited collection on the philosophies of Kant and Sartre. The volume focuses on issues in metaphysics, metaethics and metaphilosophy, and explores the similarities and differences between the two authors, as well as the complementarity of some of their views, particularly on autonomy, happiness, self-consciousness, evil, temporality, imagination and the nature of philosophy.

Comparing Legal Cultures (Socio-Legal Studies)

by David Nelken

This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.

Comparing Legal Cultures (Socio-Legal Studies)

by David Nelken

This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.

Comparing Police Corruption: Bulgaria, Germany, Russia and Singapore (Routledge Corruption and Anti-Corruption Studies)

by Leslie Holmes

This book analyses police corruption across four country case studies, exploring how the problem manifests in each country and how it can be reduced. The problem of police corruption ranges from having to pay a bribe to a traffic cop to avoid a speeding fine, right up to more serious forms, such as collusion with organised crime groups and terrorists. The issue therefore constitutes a significant security threat and a human rights issue, but it is often difficult to understand the extent of the problem, and how it varies across contexts. This book analyses the corruption situation in Bulgaria, Germany, Russia and Singapore, identifies similarities and differences across them, and analyses the various means of addressing the problem: punitive, incentivising, technological, administrative and imaging, and the role of civil society. Drawing on existing literature and research, the book also makes extensive use of local sources and original survey data across the four countries. As comparative literature on police corruption remains rare, this book’s survey of the situation in two developed states and two post-communist transition states will be of considerable interest to students and researchers across corruption studies, criminology, police studies and security studies, as well as practitioners working in anti-corruption and law enforcement agencies.

Comparing Police Corruption: Bulgaria, Germany, Russia and Singapore (Routledge Corruption and Anti-Corruption Studies)

by Leslie Holmes

This book analyses police corruption across four country case studies, exploring how the problem manifests in each country and how it can be reduced. The problem of police corruption ranges from having to pay a bribe to a traffic cop to avoid a speeding fine, right up to more serious forms, such as collusion with organised crime groups and terrorists. The issue therefore constitutes a significant security threat and a human rights issue, but it is often difficult to understand the extent of the problem, and how it varies across contexts. This book analyses the corruption situation in Bulgaria, Germany, Russia and Singapore, identifies similarities and differences across them, and analyses the various means of addressing the problem: punitive, incentivising, technological, administrative and imaging, and the role of civil society. Drawing on existing literature and research, the book also makes extensive use of local sources and original survey data across the four countries. As comparative literature on police corruption remains rare, this book’s survey of the situation in two developed states and two post-communist transition states will be of considerable interest to students and researchers across corruption studies, criminology, police studies and security studies, as well as practitioners working in anti-corruption and law enforcement agencies.

Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions (Ius Comparatum - Global Studies in Comparative Law #3)

by Eva Steiner

This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions.Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.

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