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This volume features papers written in honor of Mauro Bussani, and celebrates the work and contributions of this renowned scholar of comparative law. The content reflects the various theoretical and practical areas in which he has already left a lasting mark. The essays explore the theory and practice of comparative law in different areas and contexts, and highlight innovative approaches to a large variety of hot-topic private and public law subjects. The authors include young scholars, lawyers, legal consultants, human rights activists, and practitioners, all of whom Professor Bussani has trained, supervised, and supported throughout their careers. The contributions emphasize the many ways in which Professor Bussani’s teaching and scientific output have enriched, revolutionized, and challenged both theory and practice. They cover e.g. the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.
This revised second edition of Comparative Tort Law: Global Perspectives 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 covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions 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.
A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.
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.
This edited volume is the first to focus on how concepts of citizenship diversify and stimulate the long-standing field of law and literature, and vice versa. Building on existing research in law and literature as well as literature and citizenship studies, the collection approaches the triangular relationship between citizenship, law and literature from a variety of disciplinary, conceptual and political perspectives, with particular emphasis on the performative aspect inherent in any type of social expression and cultural artefact. The sixteen chapters in this volume present literature as carrying multifarious, at times opposing energies and impulses in relation to citizenship. These range from providing discursive arenas for consolidating, challenging and re-negotiating citizenship to directly interfering with or inspiring processes of law-making and governance. The volume opens up new possibilities for the scholarly understanding of citizenship along two axes: Citizenship-as-Literature: Enacting Citizenship and Citizenship-in-Literature: Conceptualising Citizenship.
This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.
De Gruyter Contemporary Social Sciences is an interdisciplinary series which provides a platform for disseminating topical analyses of current events, showcasing new theoretical, empirical or applied research across the social sciences and related disciplines. Through engaging storytelling and in-depth analysis, it presents new work that appeals to a wide audience, and really engages with issues of major public interest, highlighting the implications for both policy and professional practice.
A group of leading comparative private law scholars from Europe, United States, and China came together and studied the new Chinese Civil Code from a comparative and cross-disciplinary perspective.
The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.
The Handbook on Democracy and Security offers an insightful new interpretation of the topic that reframes the contemporary challenge of democracy away from competing ideologies or external existential threats, and centres on the security of democracy in the minds and lived experience of its citizens.