Always on the Same Path: Essays on Foreign Law and Comparative Methodology, Volume 2
Following the successful publication of his first volume4 of essays intitled FOREIGN LAW AND COMPARATIVE METHODOLOGY professor Markesinis continues his quest for the best way of presenting foreign law to Common law readers. This second volume thus contains essays on methodology: the horizontal application of human rights; the tortious liability of statutory bodies; the growing impact of human rights law on our law of torts; the differing approaches to problems raised by action for wrongful life and wrongful birth; differing judicial styles and what they can tell us about a foreign system, as well as the growing use of foreign law by British judges in their judicial and extra judicial work. These essays, along with their rich bibliographical references, will provide much food for thought to practitioners in these above-mentioned areas of the law as well as teadhers and researchers in the fields of public law, foreign law and legal methodology.
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European Legal Unity
Privacy Freedom of Expression and the Horizontal Effect
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academic action administrative American apply argument Article BArbGE Basic Law basic rights Bedfordshire BGHZ Bundesgerichtshof BVerfGE civil law claim claimant Clifford Chance Code common law Comparative Law compensation Conseil d'Etat Constitutional Court context contract Court of Appeal criminal damages decision defendant discussion doctrine duty economic effect employer English law European expression fact Federal foreign law free speech freedom German courts German law Human Rights ideas individual instance interest issue judges judgment judicial Law of Obligations lawyers legislation liability limited litigation Lord Hoffmann Markesinis Marlene Dietrich negligent opinion ordinary courts Osman personality right picture plaintiff principle private law private sphere Professor protection provisions public bodies public law question reasons recent Recht reference omitted result right of personality rules statement statutory Stovin Strasbourg third parties tion tort law Vincent Lindon violation