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This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
Beyond redrawing North American borders and establishing a permanent system of governance, the Quebec Act of 1774 fundamentally changed British notions of empire and authority. Although it is understood as a formative moment - indeed part of the "textbook narrative" - in several different national histories, the Quebec Act remains underexamined in all of them. The first sustained examination of the act in nearly thirty years, Entangling the Quebec Act brings together essays by historians from North America and Europe to explore this seminal event using a variety of historical approaches. Focusing on a singular occurrence that had major social, legal, revolutionary, and imperial repercussions, the book weaves together perspectives from spatially and conceptually distinct historical fields - legal and cultural, political and religious, and beyond. Collectively, the contributors resituate the Quebec Act in light of Atlantic, American, Canadian, Indigenous, and British Imperial historiographies. A transnational collaboration, Entangling the Quebec Act shows how the interconnectedness of national histories is visible at a single crossing point, illustrating the importance of intertwining methodologies to bring these connections into focus.
Roads to Confederation: The Making of Canada, 1867 Volume 1 includes material on the competing visions of the nature of the 1867 project, on the ideas underpinning the British North America Act, 1867, and on some of the peoples and communities Confederation scholars have traditionally ignored.
The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.
Religious Diversity, Secularism and Nationhood -- Theorizing Religious Diversity and Secularism -- Contesting Religious Diversity and Secularism -- Spatializing Religious Diversity: Urban Administration, Infrastructure and Emplacement -- The Limits of Religious Diversity: Regulating Full-Face Coverings -- Making Claims to Religion as Culture: The Rise of Heritage Religion.