Over the last two decades or so, the field of comparative law has been increasingly interested in issues of globalisation and Eurocentrism. This book inscribes itself within the debates that have arisen on these issues and aims to provide a greater understanding of the ways in which the “non-West” is constructed in Euro-American comparative law. Approaching knowledge production from an interdisciplinary and critical perspective, the book puts emphasis on the governance implications of the field.
Browse by title
The Dynamics of Inclusion and Exclusion in Comparative Legal Thought
Edited by Carol S. Steiker and Jordan M. Steiker
Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.
Edited by David Landau and Hanna Lerner
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field.
Edited by Djakhongir Saidov
This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.
Concise and clear in expression, Comparative Government covers contemporary systems of government, as well as relics of the past, in an excellent introduction to the profound study of comparative constitutional law. Dragoljub Popović has undertaken this task to display the subject in its current stage of development, concentrating on several focal points.
Bicameralism under Pressure
Edited by Richard Albert, Antonia Baraggia and Cristina Fasone
Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives.
Transplanting International Law
This highly topical book considers the important question of how best to protect the environment of the Third Pole – the area comprising the Hindu Kush Himalayas and Tibetan Plateau – using the tool of international law. Following detailed analysis of the weaknesses in the current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers.
Comparative Analysis and Critique
Edited by Helena Alviar García and Günter Frankenberg
The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.
Government, Insurance and Alternatives
China is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks.
Edited by Olivier Moréteau, Aniceto Masferrer and Kjell A. Modéer
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.