Registering and Enforcing Security Interests: A Comparative Analysis Between Mexican and American Law, is my Thesis submitted to the faculty of the James E. Rogers, College of Law, at The University of Arizona, as a requirement for the degree of Masters of Laws in International Trade Law. Part of this work was selected by faculty of the College of Law to be presented at the North American Consortium for Legal Education student working competition, in Mexico City, on October 2009.
Criminal Law: A Comparative Approach is a comprehensive overview of the criminal law from a comparative perspective. It features cases, materials, and extensive commentary on the central issues in criminal law from two representative common law and civil law jurisdictions, the United States and Germany.
This second edition of John Eekelaar's classic work examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members.
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
The laws of education safeguard teachers’ rights and obligations. Its sources are from the education legislations, contract law, torts, administrative and constitutional law, criminal law, employment law and human rights law. These laws govern the professional conduct of educators, administrators and educational institutions, established national systems of education and legalization of education across nations. A comparative analysis of law of education of United States and Malaysia from the common law, civil law and Islamic law perspectives would enlighten educators and administrators on their educational practices and how to handle diverse legal issues affecting them. Knowledge of the laws of education is highly recommended to teachers, principals, administrators and educational institutions for it enhances professionalism, quality assurance and educational governance in teaching and learning.
Criminal Law in South Africa, second edition, offers a clear, comprehensive and practical explanation of the principles of criminal law in South Africa. The text addresses the general principles of criminal law, as well as the elements of specific common law crimes and statutory offences. Legal theory is presented in light of the influence of the Bill of Rights, comparative perspectives, and international law. Additional educational resources support teaching and learning, further assisting students to develop the academic skills required to master their studies.
Exploring the rules that apply when a person dies without leaving a valid will, Intestate Succession delivers a comparative and historical review of the relevant law in Europe and beyond, including an analysis of legal development, justifications, and reform.
South Asian countries in spite of having diverse histories and politics share a uniformity in terms of constitutionalism. This pioneering volume maps out the intellectual and historical contours of this little-studied field, yet one that is critical to South Asias future. The essays collected here examine whether the experience so far of comparative law across South Asia offers insight into broader trends in constitutionalism, and also ask how the corpus of general comparative constitutional law might benefit from greater familiarity with the South Asian experience.
The book is presenting some elements of comparative law concerning the safety measures, in legislations such as French criminal law, Belgian criminal law, Italian criminal law, Swedish criminal law, German criminal law,Spanish criminal law, South-African criminal law, Australian criminal law, Russian criminal law, British criminal law, Dutch criminal law, Danish criminal law and Irish criminal law. Also, is presenting the framework of regulations and characterization of safety measures, special seizure and other safety measures, such as confiscation of wealth, contraventional seizure and additional penalties. Therefore, is taking into account aspects such as special seizure in the field of corruption crimes, in the field of money laundering, in the customs field, in the field of hunting and the protection of the game stock, in forestry, in the field of fishing and fish farming, in the illegal traffic of drugs and human trafficking. Is a valuable work through these all comparative elements.
Comparative Law has traditionally been a Western and modern discipline. This statement has three meanings: 1) The theoretical mainstream of the discipline has been based on Western schools of thought rooted in the modernity project; 2) The comparatist lawyers from “developing countries” have transplanted uncritically the mainstream schools of Comparative Law, reinforcing the modernity project; 3) The critical and heterodox approaches to Comparative Law have been promoted, basically, from a Western perspective, and the approaches are very heterogeneous and unconnected. This paper is an attempt to change this reality through the fulfillment of three aims. The first one is to deconstruct the mainstream schools of Comparative Law, understand their limits and how they have been applied in Latin America. The second one is to deconstruct the non-orthodox schools in order to find common elements that can help to shape a critical project from a Latin America perspective. The last one is to propose a basis for a critical project for Comparative Legal Studies.
The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law’s disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.
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