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This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri. Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice. Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.
The essential introduction to the comparative analysis of national grand strategies.
A clearly articulated, well-defined, and relatively stable grand strategy is supposed to allow the ship of state to steer a steady course through the roiling seas of global politics. However, the obstacles to formulating and implementing grand strategy are, by all accounts, imposing. The Oxford Handbook of Grand Strategy addresses the conceptual and historical foundations, production, evolution, and future of grand strategy from a wide range of standpoints. The seven constituent sections present and critically examine the history of grand strategy, including beyond the West; six distinct theoretical approaches to the subject; the sources of grand strategy, ranging from geography and technology to domestic politics to individual psychology and culture; the instruments of grand strategy's implementation, from military to economic to covert action; political actors', including non-state actors', grand strategic choices; the debatable merits of grand strategy, relative to alternatives; and the future of grand strategy, in light of challenges ranging from political polarization to technological change to aging populations. The result is a field-defining, interdisciplinary, and comparative text that will be a key resource for years to come.
To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.
Negative Comparative Law presents a critical manifesto for a radically alternative approach to the theory and practice of comparative law. Harnessing insights from a range of disciplinary discourses, this book advocates for comparative law's rejection of its dominant epistemology and the investigation of the study of foreignness anew.
What is grand strategy ? What does it aim to achieve? And what differentiates it from normal strategic thought--what, in other words, makes it "grand"? In answering these questions, most scholars have focused on diplomacy and warfare, so much so that "grand"? In answering these questions, most scholars have focused on diplomacy and warfare, so much so that "grand strategy" has become almost an equivalent of "military history." The traditional attention paid to military affairs is understandable, but in today's world it leaves out much else that could be considered political, and therefore strategic. Just as contemporary world politics is driven by a wide range of non-military issues, the most thorough considerations of grand strategy must consider the bases of peace and security--including gender, race, the environment, and a wide range of cultural, social, political, and economic issues. Rethinking American Grand Strategy assembles a roster of leading historians to examine America's place in the world. Its innovative chapters re-examine familiar figures, such as John Quincy Adams, George Kennan, and Henry Kissinger, while also revealing the forgotten episodes and hidden voices of American grand strategy. They expand the scope of diplomatic and military history by placing the grand strategies of public health, race, gender, humanitarianism, and the law alongside military and diplomatic affairs to reveal hidden strategists as well as strategies. --
In this collection of essays, Tom Farer examines critically the stand taken by U.S. foreign policy makers on such issues as right and left-wing dictatorships, revolution, human rights and national autonomy. In this fascinating manner, focusing sharp observations at times with polemical intent, Farer scrutinizes the key assumptions, including the "Soviet or revolutionary threat," which have guided American foreign policy for Latin America since the end of World War II. One central conviction is that changes in regimes rarely have objective significance for U.S. strategic interests properly conceived. Farer describes the grand strategy of the United States in Latin America (he sees very much the same strategic assumptions guiding U.S. policy throughout the Third World) as unrealistic and misguided in terms both of U.S. interests and ideals. He argues that America has over the years maneuvered itself into political, legal and moral dilemmas by disregarding or misunderstanding the internal dynamics of Latin American countries and their implications for U.S. interests and by seeing dangerous and irremedial hostility in all revolutionary movements. Against this tradition in U.S. policy, Farer advocates tactics and strategies he deems more consonant with the proper goals of U.S. policy and with Latin American needs and aspirations. His essays combine a sophisticated analysis of Latin American society with assessment of U.S. policy from legal, moral and strategic perspectives.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
In The End of Grand Strategy, Simon Reich and Peter Dombrowski challenge the common view of grand strategy as unitary. They eschew prescription of any one specific approach, chosen from a spectrum that stretches from global primacy to restraint and isolationism, in favor of describing what America’s military actually does, day to day. They argue that a series of fundamental recent changes in the global system, the inevitable jostling of bureaucratic politics, and the practical limitations of field operations combine to ensure that each presidential administration inevitably resorts to a variety of strategies. Proponents of different American grand strategies have historically focused on the pivotal role of the Navy. In response, Reich and Dombrowski examine six major maritime operations, each of which reflects one major strategy. One size does not fit all, say the authors—the attempt to impose a single overarching blueprint is no longer feasible. Reich and Dombrowski declare that grand strategy, as we know it, is dead. The End of Grand Strategy is essential reading for policymakers, military strategists, and analysts and critics at advocacy groups and think tanks.
The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.