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The Oxford Handbook of Comparative Law最新文献

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Comparative Law and European Union Law 比较法和欧盟法
The Oxford Handbook of Comparative Law Pub Date : 2019-03-21 DOI: 10.1093/OXFORDHB/9780198810230.013.47
Sir Francis Jacobs
{"title":"Comparative Law and European Union Law","authors":"Sir Francis Jacobs","doi":"10.1093/OXFORDHB/9780198810230.013.47","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780198810230.013.47","url":null,"abstract":"This chapter discusses three primary roles of comparative law in EU law. First, comparative law is used in the making and application of European law: for example, in the crafting and interpretation of European legislation and in the case law of the European Court of Justice. Second, European law has exerted a significant influence on other legal systems. A third role of comparative law relates to questions about the very nature of European law: how it is to be classified, or whether it is a novel form of ‘transnational law’. Civil and common law systems are also considered in relation to comparative law, along with the ‘components’ or ‘sources’ of European law: treaty provisions and constitutional principles, EU legislation, general principles of law, international law, and case law of the Court. The chapter concludes with an overview of the distinction between private law and public law, a comparison of EU and federal systems, and a survey of other transnational systems inspired by the European Union model.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124864816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Comparative Family Law 比较家庭法
The Oxford Handbook of Comparative Law Pub Date : 2019-03-21 DOI: 10.1093/oxfordhb/9780198810230.013.35
Jens M. Scherpe
{"title":"Comparative Family Law","authors":"Jens M. Scherpe","doi":"10.1093/oxfordhb/9780198810230.013.35","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780198810230.013.35","url":null,"abstract":"This chapter discusses family law in relation to comparative law. It first considers whether family law can be a subject fit for comparative study in a constantly changing world before describing various efforts aimed at introducing comparative perspectives into family law, both by individuals as well as by several key groups and institutions. It then examines ‘organic’ and ‘institutional’ harmonization of family law, along with the ‘great debates’ and future challenges with respect to comparative family law. In particular, it explores issues relating to horizontal family law (marriage, divorce, and property division; registered partnerships; cohabitation/de facto relationships) and vertical family law (parentage; paternity and maternity; parenthood; parental responsibility). The chapter also analyzes individual family law and concludes with an overview of family law’s move away from form towards function.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115181962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Comparative Law and Economic Analysis of Law 比较法与法律经济分析
The Oxford Handbook of Comparative Law Pub Date : 2019-03-21 DOI: 10.1093/OXFORDHB/9780198810230.013.27
F. Faust
{"title":"Comparative Law and Economic Analysis of Law","authors":"F. Faust","doi":"10.1093/OXFORDHB/9780198810230.013.27","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780198810230.013.27","url":null,"abstract":"This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127320739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 8
Comparative Law and the Study of Mixed Legal Systems 比较法与混合法系研究
The Oxford Handbook of Comparative Law Pub Date : 2019-03-21 DOI: 10.1093/oxfordhb/9780198810230.013.15
J. du Plessis
{"title":"Comparative Law and the Study of Mixed Legal Systems","authors":"J. du Plessis","doi":"10.1093/oxfordhb/9780198810230.013.15","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780198810230.013.15","url":null,"abstract":"Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a certain level of uniformity, the diversity or ‘mixedness’ of the origins of other systems is more pronounced. This chapter deals with the experiences of the latter systems, and especially with their relevance to the discipline of comparative law. The focus is first on the concept of a mixed legal system, as well as related concepts, such as legal pluralism and hybridity, that have gained prominence in comparative analyses. Thereafter key questions that arise from these analyses are then considered in detail. These questions include how the mixed nature of legal systems is to be dealt with in representations of legal diversity of the world, how mixed legal systems are formed, and what could be learned from their experiences.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134388094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Development of Comparative Law in Japan 日本比较法的发展
The Oxford Handbook of Comparative Law Pub Date : 2018-11-01 DOI: 10.1093/OXFORDHB/9780198810230.013.44
L. Nottage
{"title":"The Development of Comparative Law in Japan","authors":"L. Nottage","doi":"10.1093/OXFORDHB/9780198810230.013.44","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780198810230.013.44","url":null,"abstract":"This chapter discusses the historical development of comparative law in Japan, beginning with the Meiji government’s review of Western legal systems in order to craft its own modern legal system. In particular, it explains how foreign and comparative laws were imported into Japan and how the country’s ‘comparative law era’ began. The chapter then considers how Japanese law impacted legal developments in other countries, such as those in Asia and how comparative law studies are carried out within Japan today, with emphasis on consumer and civil law amendments, gradual transformation in corporate law and practice, and reforms within the civil and criminal justice systems. It also examines two major areas of interest among comparative law scholars focused on Japan: civil dispute resolution and corporate governance. Finally, it analyzes opportunities as well as challenges for comparative law scholarship in Japan.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"abs/2308.10217 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125343854","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
The Development of Comparative Law in Modern China 近代中国比较法的发展
The Oxford Handbook of Comparative Law Pub Date : 2018-09-13 DOI: 10.1093/OXFORDHB/9780198810230.013.45
Taisu Zhang
{"title":"The Development of Comparative Law in Modern China","authors":"Taisu Zhang","doi":"10.1093/OXFORDHB/9780198810230.013.45","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780198810230.013.45","url":null,"abstract":"This chapter discusses the historical development of comparative law in modern China, from the late Qing dynasty to the present day. It first traces the origins of China’s reception of foreign law in the late Qing period, citing the Opium War as a watershed moment in the development of Chinese law and the elites’ efforts to transplant Western law. It then considers how ‘comparative law’ as a formal academic discipline took shape during the Republican era. It also examines the emergence of a completely different paradigm for legal reform under the People’s Republic of China (1949–78), with Soviet law replacing Western European and American law as the primary source of foreign influence. Finally, it describes the new era of political and legal reform that came after the death of Mao Zedong in 1976, focusing on Chinese politics in relation to Confucian pragmatism, nationalism, communism, and Western liberalism.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125463217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Development of Comparative Law in Germany, Switzerland, and Austria 德国、瑞士和奥地利比较法的发展
The Oxford Handbook of Comparative Law Pub Date : 2006-11-16 DOI: 10.1093/OXFORDHB/9780199296064.013.0003
Ingeborg Schwenzer
{"title":"Development of Comparative Law in Germany, Switzerland, and Austria","authors":"Ingeborg Schwenzer","doi":"10.1093/OXFORDHB/9780199296064.013.0003","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780199296064.013.0003","url":null,"abstract":"This article provides an overview both of the development of comparative law as a field of research, and of its impact on legal changes in Germany, Switzerland, and Austria. It focuses on the development of comparative law in the field of the law of obligations. The second section deals with the long nineteenth century. The third section considers the golden age of comparative law, which covers the period of the Weimar Republic. The fourth section discusses the ‘dark age’ of the 1930s and the first half of the 1940s. The fifth section describes recovery and post-war developments until the end of the cold war. The final section focuses on attempts to unify the law and on new approaches to comparative law which have gained in importance in the course of the Europeanization of private law.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"75 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114032068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Development of Comparative Law in Latin America 拉丁美洲比较法的发展
The Oxford Handbook of Comparative Law Pub Date : 2006-11-16 DOI: 10.1093/OXFORDHB/9780199296064.013.0009
Jan Kleinheisterkamp
{"title":"Development of Comparative Law in Latin America","authors":"Jan Kleinheisterkamp","doi":"10.1093/OXFORDHB/9780199296064.013.0009","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780199296064.013.0009","url":null,"abstract":"Latin American law has largely been neglected by mainstream comparative law. The presumed ‘familiarity’ and the consequent perception of Latin American law as lacking sufficient originality, or rather exoticism, may explain why comparative works have often dedicated considerably more attention to other jurisdictions. The topics of both Latin American law as the object of comparative law, and comparative law as a subject in Latin American jurisprudence, have remained in the shade with the result that they have become battlegrounds for influence and domination. This article provides a rough sketch of the historical development of comparative law in Latin America and its significance for, and impact on, the legal systems of the Latin American countries today.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134623062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 11
Comparative Labour Law 比较劳动法
The Oxford Handbook of Comparative Law Pub Date : 2006-11-16 DOI: 10.1093/OXFORDHB/9780199296064.013.0036
M. Finkin
{"title":"Comparative Labour Law","authors":"M. Finkin","doi":"10.1093/OXFORDHB/9780199296064.013.0036","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780199296064.013.0036","url":null,"abstract":"This article proceeds in four stages. First, it takes up the emergence of labour law and its comparative offspring as a discipline. Second, it provides a crude taxonomy of comparative labour law scholarship. Third, it treats the role comparativism has played in the development of national labour policy from the nineteenth century to the present. Fourth, and to come full circle, it situates the comparative study with respect to the contemporary quandary of labour law as a discipline. Comparative labour law was born fast upon the construction of labour law as a subject of instruction and academic study. Even from the beginning, however, it was far from clear what labour law was. Today, that question has recrudesced: labour law is a discipline in search of an identity and, to some, a future. Consequently, attention rightly turns first to the root of which comparative study is a branch.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125667731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Comparative Tort Law 比较侵权法
The Oxford Handbook of Comparative Law Pub Date : 2006-11-16 DOI: 10.1093/OXFORDHB/9780199296064.013.0032
G. Wagner
{"title":"Comparative Tort Law","authors":"G. Wagner","doi":"10.1093/OXFORDHB/9780199296064.013.0032","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780199296064.013.0032","url":null,"abstract":"Tort law has always been one of the major areas of comparative law. Whereas the law of property, even today, remains on the outskirts of comparative learning, the law of extra-contractual liability has attracted much interest from comparative law scholars. This article considers general clauses versus a variety of individual torts, the scope of protection, the liability for fault, strict liability, and tort law and insurance. It also discusses the choice between the tort system and no-fault insurance schemes. Finally, it addresses the challenges raised by digitalization. Regardless of whether one agrees or disagrees with the solutions offered, the principles and the commentaries thereon certainly provide a valuable starting point for further scholarly efforts and critical discussion.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132829591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 8
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