Law and Legal Culture in Comparative Perspective

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GŁnther Doeker-Mach, Guenther Doeker-Mach, Klaus A. Ziegert
Franz Steiner Verlag, 2004 - Philosophy - 444 pages
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Comparative legal studies are at last commanding the thoughts of contemporary juristso Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.
  

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Contents

Table of Contents
9
Civil Procedure and the Common and Civil Law
26
Reception of Law and Civil Law Traditions
50
Rights and Laws
60
Collective Rights and Individual Interests
78
The Future of Human Rights Does it have one?
99
Justice in Legal Doctrine
110
Human Rights in an Age of Terrorism
125
Codifying International Law in an Era of Clashing Civilisations and Legal
222
The Form and Content of a Precedent Methodology
273
Contemporary Perspectives
286
To have the Cake and Eat it Too? China and the Rule of Law
313
Reflections on the Past and Concerns
336
The Promise of Acceptance
355
International Comparisons
368
Comparative Corporate Governance and Russia Coming Full Circle
394

The Case of Changing Norms
142
Rights and Legal Culture
172
Our paradoxical Legal System and its Courts
195
Cultural Diversity and Cultural Human Rights
216
The Subsidiarity Principle in European Community Law and the Irish
406
Judges and Judicial Power under the Hong Kong Basic Law
421
Contributors
443
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About the author (2004)

This work has been translated from the original German by Klaus A. Ziegert, and edited by Fatima Kastner, Richard Nobles, David Schiff, and Rosamund Ziegert.

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