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Courts and Comparative Law

Andenas Mads Fairgrieve Duncan
Innbundet / 2015 / Engelsk

Product details

ISBN
9780198735335
Published
2015
Publisher
Vendor
Oxford University Press
Weight
1472 gr
Height
251 mm
Width
181 mm
Thickness
48 mm
Age
P, 06
Language
Product language
Engelsk
Format
Product format
Innbundet
Number of pages
756

Edited by
Andenas Mads
Fairgrieve Duncan

Biographical note

Mads Andenas is Professor at the University of Oslo, Senior Research Fellow at the Institute of Advanced Legal Studies, School of Advanced Study, University of London, and Visiting Fellow at the Institute of European and Comparative Law, University of Oxford. He is the UN Special Rapporteur on Arbitrary Detention and the chair of the UN Working Group on Arbitrary Detention. He was the Director of the Centre of European Law, King's College, University of London, between 1992 and 1999 and the Director of the British Institute of International and Comparative Law between 1999 and 2005. Duncan Fairgrieve is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professeur Associé at Université de Paris Dauphine. He holds degrees from Oxford, London, and Paris. He has published widely in the field of comparative law in English and French. He practices as an avocat at the Paris Bar and as a Barrister at One Crown Office Row, London.

Courts and Comparative Law

Andenas Mads Fairgrieve Duncan
Innbundet / 2015 / Engelsk
Andenas Mads Fairgrieve Duncan
Innbundet / 2015 / Engelsk
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While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
Read more
A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
Read more
PART I: CONFLICTS AND COMPARISONS; PART II: COMPARATIVE LAW WITHIN A EUROPEAN AND INTERNATIONAL LAW CONTEXT; PART III: COMPARATIVE LAW BEFORE ADMINISTRATIVE COURTS; PART VI: USING COMPARATIVE LAW: CASE STUDIES
Read more
A central reference point for comparative law theory Provides a detailed analysis of a controversial topic by a team of distinguished jurists drawn from practice, academia, and the judiciary Explores the practical consequences of the use of comparative law by domestic and international courts
Read more
Mads Andenas is Professor at the University of Oslo, Senior Research Fellow at the Institute of Advanced Legal Studies, School of Advanced Study, University of London, and Visiting Fellow at the Institute of European and Comparative Law, University of Oxford. He is the UN Special Rapporteur on Arbitrary Detention and the chair of the UN Working Group on Arbitrary Detention. He was the Director of the Centre of European Law, King's College, University of London, between 1992 and 1999 and the Director of the British Institute of International and Comparative Law between 1999 and 2005. Duncan Fairgrieve is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professeur Associé at Université de Paris Dauphine. He holds degrees from Oxford, London, and Paris. He has published widely in the field of comparative law in English and French. He practices as an avocat at the Paris Bar and as a Barrister at One Crown Office Row, London.
Read more
A central reference point for comparative law theory Provides a detailed analysis of a controversial topic by a team of distinguished jurists drawn from practice, academia, and the judiciary Explores the practical consequences of the use of comparative law by domestic and international courts
Read more

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While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
Read more
A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
Read more
PART I: CONFLICTS AND COMPARISONS; PART II: COMPARATIVE LAW WITHIN A EUROPEAN AND INTERNATIONAL LAW CONTEXT; PART III: COMPARATIVE LAW BEFORE ADMINISTRATIVE COURTS; PART VI: USING COMPARATIVE LAW: CASE STUDIES
Read more
A central reference point for comparative law theory Provides a detailed analysis of a controversial topic by a team of distinguished jurists drawn from practice, academia, and the judiciary Explores the practical consequences of the use of comparative law by domestic and international courts
Read more
Mads Andenas is Professor at the University of Oslo, Senior Research Fellow at the Institute of Advanced Legal Studies, School of Advanced Study, University of London, and Visiting Fellow at the Institute of European and Comparative Law, University of Oxford. He is the UN Special Rapporteur on Arbitrary Detention and the chair of the UN Working Group on Arbitrary Detention. He was the Director of the Centre of European Law, King's College, University of London, between 1992 and 1999 and the Director of the British Institute of International and Comparative Law between 1999 and 2005. Duncan Fairgrieve is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professeur Associé at Université de Paris Dauphine. He holds degrees from Oxford, London, and Paris. He has published widely in the field of comparative law in English and French. He practices as an avocat at the Paris Bar and as a Barrister at One Crown Office Row, London.
Read more
A central reference point for comparative law theory Provides a detailed analysis of a controversial topic by a team of distinguished jurists drawn from practice, academia, and the judiciary Explores the practical consequences of the use of comparative law by domestic and international courts
Read more

Product details

ISBN
9780198735335
Published
2015
Publisher
Vendor
Oxford University Press
Weight
1472 gr
Height
251 mm
Width
181 mm
Thickness
48 mm
Age
P, 06
Language
Product language
Engelsk
Format
Product format
Innbundet
Number of pages
756

Edited by
Andenas Mads
Fairgrieve Duncan

Biographical note

Mads Andenas is Professor at the University of Oslo, Senior Research Fellow at the Institute of Advanced Legal Studies, School of Advanced Study, University of London, and Visiting Fellow at the Institute of European and Comparative Law, University of Oxford. He is the UN Special Rapporteur on Arbitrary Detention and the chair of the UN Working Group on Arbitrary Detention. He was the Director of the Centre of European Law, King's College, University of London, between 1992 and 1999 and the Director of the British Institute of International and Comparative Law between 1999 and 2005. Duncan Fairgrieve is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professeur Associé at Université de Paris Dauphine. He holds degrees from Oxford, London, and Paris. He has published widely in the field of comparative law in English and French. He practices as an avocat at the Paris Bar and as a Barrister at One Crown Office Row, London.

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