LoveReading

Becoming a member of the LoveReading community is free.

No catches, no fine print just unadulterated book loving, with your favourite books saved to your own digital bookshelf.

New members get entered into our monthly draw to win £100 to spend in your local bookshop Plus lots lots more…

Find out more

Comparative law

See below for a selection of the latest books from Comparative law category. Presented with a red border are the Comparative law books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Comparative law books and those from many more genres to read that will keep you inspired and entertained. And it's all free!

Judicial Dis-Appointments

Judicial Dis-Appointments

Author: Mitchel de S.-O.-l'E. Lasser Format: Hardback Release Date: 10/10/2020

In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent significant reforms to their respective judicial appointments processes. Though very different judicial institutions, they adopted very similar - and rather remarkable - reforms: each would now make use of an expert panel of judicial notables to vet the candidates proposed to sit in Luxembourg or Strasbourg. Once established, these two vetting panels then followed with actions no less extraordinary: they each immediately took to rejecting a sizable percentage of the judicial candidates proposed by the Member State governments. What had happened? Why would the Member States of the European Union and of the Council of Europe, which had established judicial appointments processes that all but ensured themselves the unfettered power to designate their preferred judges to the European courts, and who had zealously maintained and exercised that power over the course of some fifty years, suddenly decide to undermine their own capacity to continue to do so? This book sets out to solve this mystery. Its point of departure is that it would be a mistake to view the 2009-2010 establishment of the two vetting panels in isolation from other European judicial developments. Though these acts of institutional creation are certainly the most notable recent developments, they actually represent but the crowning achievement of a process of European judicial appointments reform that has been running unremittingly since the 1990's. This longstanding and tenacious movement has actually triggered a broad set of interrelated debates and reforms, encompassing not only judicial appointments per se, but also a much wider set of issues, including judicial independence, judicial quality, judicial councils, the separation of powers, judicial gender equity, and more.

Comparative Succession Law

Comparative Succession Law

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.

The Internal Law of Religions

The Internal Law of Religions

Author: Burkhard Josef Berkmann Format: Hardback Release Date: 23/09/2020

Comparative law of religions has developed in recent years as a new discipline at the intersection of legal and religious science, of theology and anthropology. This book presents a systematic theoretical basis for this new discipline. While law is mostly associated with the state, many religions also have their own internal law. These internal legal norms are aimed at a particular form of behaviour on the part of believers. They therefore play a particular role in conflicts arising today between certain religious forms of behaviour. The comparison of the internal law of religions serves to establish and explain the commonalities and differences between various religious legal traditions. The religions examined here include: the law of Christian denominations, Jewish law, Islamic law, Hindu law, Buddhist law, and other religious legal systems. The work assesses six current approaches to the comparative law of religions, evaluating their strengths and weaknesses, leading to the development of a new approach. The book discusses the role of religious law in state law and looks to likely future developments. The work will be essential for those interested in the administration of justice and politics, for those professions where intercultural competence is required, and for interreligious dialogue.

Avizandum Legislation on International Private Law

Avizandum Legislation on International Private Law

Author: Elizabeth Crawford Format: Paperback / softback Release Date: 31/08/2020

Toward a New Legal Common Sense

Toward a New Legal Common Sense

Author: Boaventura (Universidade de Coimbra, Portugal) de Sousa Santos Format: Paperback / softback Release Date: 31/08/2020

Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.

Toward a New Legal Common Sense

Toward a New Legal Common Sense

Author: Boaventura (Universidade de Coimbra, Portugal) de Sousa Santos Format: Hardback Release Date: 31/08/2020

Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.

Balanced Constitutionalism

Balanced Constitutionalism

The Human Rights Act (HRA) of the UK, 1998, unlike systems of parliamentary sovereignty and judicial supremacy, promised a new, 'balanced' model for the protection of rights, which conferred courts with limited power of review over legislation. This book examines the promise of the new model against its performance in practice by comparing judicial review under the HRA to an exemplar of the old model of judicial review, the Indian Constitution. Balanced constitutionalism is not achieved through the legislative rejection of judicial decision-making about rights. Instead, the nature of the remedy under the HRA enables British courts to assert their genuine interpretations of rights in situations in which Indian courts find it difficult to do so.

Constitutional Rights and Constitutional Design

Constitutional Rights and Constitutional Design

Author: Paul Yowell Format: Paperback / softback Release Date: 20/08/2020

The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.

Interpretation of Commercial Contracts in European Private Law

Interpretation of Commercial Contracts in European Private Law

Author: Cornelis J W Baaij Format: Paperback / softback Release Date: 10/08/2020

Constitutional Change in the Contemporary Socialist World

Constitutional Change in the Contemporary Socialist World

After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world - China, Cuba, Laos, North Korea, and Vietnam - which constitute about one-quarter of the world's population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.

The Oxford Handbook of Comparative Law

The Oxford Handbook of Comparative Law

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.