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‘There is A World Elsewhere’—Lord Bingham and Comparative Law

Mads Andenas and Duncan Fairgrieve

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0052
Subject:
Law, Legal History

This chapter analyses Lord Bingham's pioneer contribution to the use of comparative law in the courts. It explains how courts have to use foreign law in many contexts, and some may find surprising ... More


On Law, Politics, and Judicialization

Martin Shapiro and Alec Stone Sweet

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.001.0001
Subject:
Political Science, Comparative Politics

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and ... More


Benefits of Comparative Tort Reasoning: Lost in Translation

Jane Stapleton

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0049
Subject:
Law, Legal History

This chapter argues that the noble cause of comparative law as an intellectual activity is undermined by those who focus on its forensic utility. It examines the practical value to practitioners and ... More


Tom Bingham and the Transformation of the Law: A Liber Amicorum

Mads Andenas and Duncan Fairgrieve (eds)

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.001.0001
Subject:
Law, Legal History

Tom Bingham is internationally recognised as one of the most influential judges of the 20th century. Having occupied in succession the most senior judicial offices in the United Kingdom, Master of ... More


Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain

Jack Beatson and Reinhard Zimmermann (eds)

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270583
eISBN:
9780191710230
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270583.001.0001
Subject:
Law, Legal History

Recent years have seen a growing body of literature on the contribution of scientists, historians, and literary and artistic figures who were forced to leave Germany and Austria after Adolf Hitler ... More


International Investment Law and Comparative Public Law—an Introduction

Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter provides an introduction to the conceptual foundations of the book. It points to the need to develop new conceptual approaches to remedy discontents that have emerged in relation to ... More


Comparative Law in Twentieth-century England

J. A. Jolowicz

in Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270583
eISBN:
9780191710230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270583.003.0010
Subject:
Law, Legal History

It is virtually impossible to write about comparative law without beginning with a comment on the phrase itself. As has often been observed, there is no such thing as comparative law. Even though ... More


The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Roger Masterman and Ian Leigh (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.001.0001
Subject:
Law, Human Rights and Immigration

More than a decade after it came into force in October 2000 the Human Rights Act 1998 continues to divide opinion. Its supporters argue that the Act represents a subtle reconciliation of human rights ... More


From Dual to Cooperative Federalism: The Changing Structure of European Law

Robert Schütze

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199238583
eISBN:
9780191716539
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238583.001.0001
Subject:
Law, EU Law

What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find “unity in diversity”. The two most influential ... More


Introduction

Jeffrey Kahn

in Federalism, Democratization, and the Rule of Law in Russia

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199246991
eISBN:
9780191599606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199246998.003.0001
Subject:
Political Science, Russian Politics

Presents an overview of the book's main themes: the variety of federal approaches, the risks of conceptual confusion and path‐dependency from previous state systems, the influence of regional ... More


Religion and the Public Order of the European Union

Ronan McCrea

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595358
eISBN:
9780191595776
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595358.001.0001
Subject:
Law, EU Law

This book offers a comprehensive account of the role of religion within the public order of the European Union. It examines the facilitation and protection of individual and institutional religious ... More


International Investment Law and Comparative Public Law

Stephan W. Schill (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure). However, ... More


Roman Law, Contemporary Law, European Law: The Civilian Tradition Today

Reinhard Zimmermann

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198299134
eISBN:
9780191708046
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299134.001.0001
Subject:
Law, Comparative Law

Legal history helps us to understand modern or contemporary law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich ... More


Torts and Rights

Robert Stevens

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.001.0001
Subject:
Law, Law of Obligations

The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This apparently simple proposition enables us to understand the law of torts (plural) as ... More


Goethe, Bingham, and the Gift of an Open Mind: Weltliteratur and Global Law Lessons from Goethe

Basil Markesinis

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0046
Subject:
Law, Legal History

This chapter deals the work of Goethe, the translation of this work, and draws lines to legal arguing and the importance of international law and comparative law.


The Japanese Mafia: Yakuza, Law, and the State

Peter B. E. Hill

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257522
eISBN:
9780191601026
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199257523.001.0001
Subject:
Political Science, Political Economy

This book has three main objectives. Firstly, it examines Japan's organized crime syndicates (most commonly known as yakuza or bɵryokudan) with reference to the best available theoretical analyses of ... More


Concluding Comparatively: Discovery in the English Colonies

Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg

in Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199579815
eISBN:
9780191594465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579815.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter concludes the book by drawing upon comparative law to illustrate the combined pervasive power of the Doctrine of Discovery in the English colonies of Australia, Canada, Aotearoa/New ... More


Introduction: The C Word

Ran Hirschl

in Comparative Matters: The Renaissance of Comparative Constitutional Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.003.0001
Subject:
Law, Comparative Law, Constitutional and Administrative Law

From its beginnings as a relatively obscure and exotic subject studied by a devoted few, comparative constitutionalism has developed into one of the more fashionable subjects in contemporary legal ... More


Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law

Chester Brown

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0021
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter deals with the applicable procedure in investment treaty arbitration. It notes that although investment treaty arbitration has a public law character, the applicable procedure typically ... More


Lecture Three—A Change in Perspective: European Private Law and its Historical Foundations

REINHARD ZIMMERMANN

in Roman Law, Contemporary Law, European Law: The Civilian Tradition Today

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198299134
eISBN:
9780191708046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299134.003.0004
Subject:
Law, Comparative Law

This lecture presents a number of examples that highlight the intellectual link between legal history and comparative law. In addition, nearly all these examples emphasise connections existing ... More


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