Comparative law Books

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Book SynopsisDer Autor führt eine rechtsvergleichende Untersuchung des spanischen und deutschen Maklerrechts durch. Nach einem Überblick über den spanischen Maklervertrag in seinen Grundzügen steht eine detaillierte Analyse des spanischen Immobilienmaklervertrages im Fokus seiner Ausführungen. Der Autor stellt hierbei die Charakteristika des spanischen Immobilienmaklerrechts systematisch vor und legt die Besonderheiten der spanischen Rechtsprechung gegenüber dem deutschen Recht offen. Trotz zahlreicher Übereinstimmungen beider Rechtsordnungen unterscheidet sich das spanische Immobilienmaklerrecht in wesentlichen Punkten vom deutschen Recht. Dies liegt im Ergebnis insbesondere an der weitestgehend fehlenden normativen Ausgestaltung des spanischen Maklerrechts.

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Book SynopsisThis book discusses the basic theories and structures employed in handling the Central-SAR relationship under the “One Country, Two Systems” policy from the perspective of ruling by law. It also explores the fundamental principles and methods used in the division of powers between the central authorities and the SARs, and investigates the institutions responsible for handling the Central-SAR relationship and their practices. Further, it presents case studies since 1997 to help readers better understand the Central-SAR relationship. Lastly, the author raises some new questions for readers who want to further study this topic.Table of ContentsPreface.- The State Structure (Nation-Region Relationship) in Constitutional Law.- The Historical Evolution of the State Structure in China.- The Creation of One Country Two Systems and Its Operation.- The Legalization of the One Country Two Systems Policy and the Establishment of the Special Administrative Region (SAR).- The Fundamental Principles in Handling Central-SAR Relationship.- The Powers of the Central Authorities.- The Powers of the SAR.- Other Relevant Relationships.- The Institutions Responsible for Handling Central-SAR Relationship and Their Practice.- Case Study: The Central-SAR Relationship since 1997.- Constitutional Review, Rule of Law and National Unification.- Addendum.- Acknowledgements.- Bibliography.

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Book SynopsisBy providing enforceable remedies for breaches of Convention Rights in domestic courts, and in allowing judges to scrutinise parliamentary legislation on human rights grounds, the United Kingdom''s Human Rights Act 1998 marked a sea-change in the relationships between the individual and the state, and between the courts and the political branches of government, as they had been traditionally understood. Despite the undeniable practical importance of the Human Rights Act, widespread political and popular scepticism over the nature of rights adjudication and the relationship between human rights laws and-for instance-measures designed to combat terrorism and crime, has prevented the Human Rights Act from being seen as an established and essential part of our constitutional structures. This uncertainty has not however prevented the Human Rights Act from exerting significant constitutional influence within the United Kingdom, within the framework provided by the European Convention and EurTrade ReviewAs indicated in the introduction, The United Kingdomâs Statutory Bill of Rights: Constitutional and Comparative Perspectives 'make[s] a significant contribution to assessing the lasting impact of the United Kingdomâs human rights project, and towards shaping the nature of the debates yet to come'. * Kasey L. McCall-Smith, Human Rights Law Review *Table of ContentsPART I-THE HUMAN RIGHTS ACT IN CONSTITUTIONAL PERSPECTIVE; PART II-DOMESTIC PROTECTIONS WITHIN A EUROPEAN FRAMEWORK; PART III-A PERMANENT REVOLUTION IN LEGAL REASONING?; PART IV-THE HUMAN RIGHTS ACT ON THE INTERNATIONAL PLANE; PART V-AMENDMENT, REPEAL OR A BILL OF RIGHTS FOR THE UK?

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Book SynopsisFaced with widespread reports of religious persecution, public and private actors around the world have responded with laws and policies designed to promote freedom of religion. What are the cultural and epistemological assumptions underlying this response, and what forms of politics are enabled in the process?

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Book SynopsisFaced with widespread reports of religious persecution, public and private actors around the world have responded with laws and policies designed to promote freedom of religion. What are the cultural and epistemological assumptions underlying this response, and what forms of politics are enabled in the process?

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Book SynopsisJudges are society's elders and experts, our masters and mediators. We depend on them to dispense justice with integrity, deliberation, and efficiency. Yet judges, as Alexander Hamilton famously noted, lack the power of the purse or the sword. They must rely almost entirely on their reputations to secure compliance with their decisions, obtain resources, and maintain their political influence. In Judicial Reputation, Nuno Garoupa and Tom Ginsburg show how reputation is not only an essential quality of the judiciary as a whole, but also of individual judges. Perceptions of judicial systems around the world range from widespread admiration to utter contempt, and as judges participate within these institutions some earn respect, while others are scorned. Transcending the conventional lenses of legal culture and tradition that are used to analyze this variation, Garoupa and Ginsburg approach the subject through their long-standing research on the economics of judiciary information and s

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Book SynopsisSince Roe versus Wade, abortion has been a continually divisive political issue in the United States. This title looks beyond simplistic cultural or religious explanations to find out why abortion politics and policies differ so dramatically in these otherwise similar countries. It argues that political institutions are the key.Trade Review"Doctors and Demonstrators is an innovative, thorough, and expertly designed work of political analysis. There is much to admire here, but one of the most important elements is the use of a comparative historical approach to an issue of legal policy. Halfmann sets up an intriguing puzzle - why are abortion politics in the United States, Britain, and Canada so different? - and provides a subtle yet clear and powerful explanation." (John Skrentny, University of California, San Diego)"

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Book SynopsisSince Roe versus Wade, abortion has been a continually divisive political issue in the United States. This title looks beyond simplistic cultural or religious explanations to find out why abortion politics and policies differ so dramatically in these otherwise similar countries. It argues that political institutions are the key.Trade Review"Doctors and Demonstrators is an innovative, thorough, and expertly designed work of political analysis. There is much to admire here, but one of the most important elements is the use of a comparative historical approach to an issue of legal policy. Halfmann sets up an intriguing puzzle - why are abortion politics in the United States, Britain, and Canada so different? - and provides a subtle yet clear and powerful explanation." (John Skrentny, University of California, San Diego)"

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Book SynopsisA multidisciplinary exploration of the major challenges for religion and law in India today.Table of ContentsPreliminary Table of Contents: PrefaceIntroduction: The Secular State in a Religious Society Gerald James LarsonPart 1. The Secular State and Legal Pluralism: The Current Debate and Its Historical Antecedents1. Religion, Personal Law and Identity Granville Austin2. Religious Minorities and the Law Ruma Pal3. Living with Difference in India: Legal Pluralism and Legal Universalism in Historical Context Susanne Hoeber Rudolph and Lloyd I. RudolphPart 2. Religious Endowments, Reservations Law, and Criminal Law4. Religious and Charitable Endowments and a Uniform Civil Code John H. Mansfield5. Personal Law and Reservations: Volition and Religion in Contemporary India Laura Dudley Jenkins6. The Uniform Civil Code Debate: Lessons from the Criminal Procedures Arvind VermaPart 3. Personal Law and Issues of Gender7. Gender Implications for a Uniform Civil Code Robert D. Baird8. The Personal and the Political: Indian Women and Inheritance Law Srimati Basu9. Colonialism, Nationalism, and Gendered Legal Subjectivities: Observations on the Historical Destruction of Separate Legal Regimes Kunal M. Parker10. Who Was Roop Kanwar? Sati, Law, Religion, and Post-Colonial Feminism in Contemporary India Paul Courtright and Namita Goswami11. "Where Will She Go? What Will She Do?" Paternalism towards Women in the Administration of Muslim Family Law in Contemporary India Sylvia VatukPart 4. Cross-Cultural Perspectives12. Affirmative Action in the United States and the Reservation System in India: Some Comparative Perspectives Kevin Brown13. Personal Law Systems and Religious Conflict: A Comparison of India and Israel Marc Galanter and Jayanth Krishnan14. The Road to Xanadu: India's Quest for Secularism Rajeev DhavanSome Continuing Issues William D. PopkinBibliographical Note Gerald James LarsonContributorsIndex

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Book SynopsisBeyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region's large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes tTrade Review"Matthew Ingram and Diana Kapiszewski persuasively set out to design a new agenda in the study of judicial institutions in Latin America. The volume is aimed at political science students and those particularly interested in institutional configuration and design. It will also appeal to scholars and students of comparative law and other social science fields, because it provides rich descriptions and background information about little understood judicial institutions." —Lydia Brashear Tiede, University of Houston"As is true in most of the democratic world, justice institutions in Latin America other than the Supreme Court are important yet understudied. Beyond High Courts: The Justice Complex in Latin America is an excellent contribution that helps address that lacuna." —Scott Mainwaring, Jorge Paulo Lemann Professor of Brazil Studies, Harvard Kennedy School"As a researcher and teacher in comparative judicial politics, it is exciting to see a new work on non-peak judicial institutions. Beyond High Courts: The Justice Complex in Latin America makes an important contribution to the field. The contributors address a clear set of questions across an array of judicial actors in Latin America. The volume contains comparative and single country case studies and helps to fill both empirical and theoretical gaps in the literature on comparative judicial politics." —Druscilla Scribner, University of Wisconsin, Oshkosh"The most important contribution of Beyond High Courts is shedding light on fascinating institutions that have received, quite undeservedly, little scholarly attention. In addition, these remarkable chapters offer interesting analytical and theoretical lessons. Readers from different disciplines that are interested in law and courts or socio-legal studies will find many gems in each chapter included within this edited volume." —Bulletin of Latin American Research

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Book SynopsisThe first English translation of one of the most important law codes in Chinese history.Trade Review"The general reader as well as the specialist can be grateful for the Jiang volume, an eminently readable treasure of Chinese culture, society, and values at the end of the fourteenth century." * Journal of Asian History *Table of ContentsAcknowledgments Note on the Translation Ming Units of Measure and Money Introduction: The Making of The Great Ming Code The Great Ming Code The Imperial Preface to The Great Ming Code Diagrams 1. Laws on Punishments and General Principles 2. Laws on Personnel 3. Laws on Revenue 4. Laws on Rituals 5. Laws on Military Affairs 6. Laws on Penal Affairs 7. Laws on Public Works Glossary Bibliography General Index

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Book SynopsisOne of the most important law codes in Chinese history, the Ming Code represents a break with the past following the alien-ruled Yuan (Mongol) dynasty and the flourishing of culture under the Ming (1368-1644). This book offers the English translation of the Code.Trade Review"The general reader as well as the specialist can be grateful for the Jiang volume, an eminently readable treasure of Chinese culture, society, and values at the end of the fourteenth century." * Journal of Asian History *Table of ContentsAcknowledgments Note on the Translation Ming Units of Measure and Money Introduction: The Making of The Great Ming Code The Great Ming Code The Imperial Preface to The Great Ming Code Diagrams 1. Laws on Punishments and General Principles 2. Laws on Personnel 3. Laws on Revenue 4. Laws on Rituals 5. Laws on Military Affairs 6. Laws on Penal Affairs 7. Laws on Public Works Glossary Bibliography General Index

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Book SynopsisAlthough authoritarian countries often repress independent citizen activity, lobbying by civil society organizations is actually a widespread phenomenon. Using case studies, Lobbying the Autocrat shows that citizen advocacy organizations carve out niches in the authoritarian policy process, even influencing policy outcomes.Trade ReviewThe book fills a gap in the academic literature of authoritarian regimes which has already studied the role of elections, legislatures and other institutions of democratic rule." - Stephan Ortmann, Chinese University of Hong Kong"This is an impressive volume. By showing that civil societies can lobby for their interests even under authoritarian rule, it underscores the hopeful power of activism in all settings—not just in democracies. What a refreshing, creative spark to our knowledge of political regimes and public policy!" - Sean Yom, Temple UniversityTable of Contents List of Figures List of Tables Acknowledgements I. Introduction 1. Max Grömping and Jessica C. Teets – Lobbying the Autocrat: A Theoretical Roadmap II. Mobilization and maintenance 2. Marcel Hanegraaff and Iskander de Bruycker - The Lobbying Demands of Autocratic and Democratic Leaders: A Comparative Perspective 3. Sanja Hajdinjak - Between Pressure and Patronage: Navigating Legitimacy and No-Go Issues in Montenegro III. Interest communities 4. Reza Hasmath – Convergence and Divergence in Policy Topics amongst Think Tanks in China 5. Sokphea Young - Transnational Activism under Autocracy: Environmental Advocacy Groups, Social Media, and Nationalism in Cambodia 6. Bilge Yabanci – Acts of Compliance and Tactful Contention: The Polarized Terrain of Women’s Organizations in Turkey under Authoritarian Pressure IV. Strategies 7. Max Grömping – Going Public: When do Human Rights Advocates pursue Media Strategies? 8. Hui Li - Political Resources and NGO Policy Advocacy Strategies in China 9. Ying Hooi Khoo and Carmen Leong – Policy Advocacy Strategies of Malaysia’s Electoral Reform Movement V. Outcomes 10. Eleanor Bindman and Tatsiana Chulitskaya - Post-Soviet Policy Entrepreneurs? The Impact of Non-State Actors on Social Service Reform in Russia and Belarus 11. Kirk Helliker, Sandra Bhatasara and Manase Kudzai Chiweshe – Land Lobbying and Mobilization: Civil and Uncivil Society in the 1990s in Zimbabwe 12. Angelo Vito Panaro – Delivering on Legitimation Claims: Creating Consultative Mechanisms for CSOs in Authoritarian Regimes VI. Conclusion 13. Max Grömping and Jessica C. Teets – Toward a Theory of Lobbying under Authoritarianism Appendix A – Supplementary Materials for Chapter 3 Appendix B – Supplementary Materials for Chapter 6 Appendix C – Supplementary Materials for Chapter 7 Contributors Index

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Book SynopsisAccident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Since the 1960s, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell’s book is the definitive synthesis of research to date in this new field.Trade ReviewA lucid, up-to-date survey of the economics of accident law. -- Roger Bowles * Economic Journal *[This] is certainly a masterpiece. -- Thomas S. Ulen * Journal of Economic Literature *Steven Shavell is one of the leading practitioners of economic analysis of law; his book is a clear and careful discussion of what we currently know about the economic analysis of accident law. -- David Friedman * Journal of Political Economy *The strength of Shavell's book is its lucid, structured development and explication of the economic model. It represents the best systematic presentation of the relevance of economic argument for issues of risk allocation...Together [with William M. Landes and Richard A. Posner's The Economic Structure of Tort Law] they constitute the most comprehensive defense of the economic analysis of tort law currently available, and are strongly recommended accordingly. -- Jules L. Coleman * Yale Law Journal *Steven Shavell...[has] drawn upon [his] previous path-breaking work to issue [one of] the most important books in the law and economics of tort law since the release in 1970 of Guido Calabresi's The Costs of Accidents...The work is a masterful tribute to the power of economic modelling and the use of optimization techniques...I, for one, was immensely impressed by the richness of the insights that Shavell's theoretical approach provided into the fundamental issues of tort law...Shavell's analysis is conducted with intellectual rigor and sophistication. -- John J. Donohue III * Harvard Law Review *For anyone wanting to learn where we stand concerning economic analysis of accident law, Shavell's book provides an authoritative and fairly comprehensive summary of the state of the art. -- Michelle J. White * Michigan Law Review *

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Book SynopsisNatural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.Trade ReviewHelmholz’s survey is thorough and reliable. -- J. Simeone * Choice *

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Book SynopsisChina’s leaders aspire to the prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that brought it about. Cynthia Estlund’s crisp comparative analysis makes China’s labor unrest and reform legible to Western readers.Trade ReviewThis highly readable story of the recent struggle of China’s workers for a better life, and the Communist Party’s complex responses to their demands, will surely meet the urgent need for greater understanding of this dynamic, non-transparent nation. Cynthia Estlund, a leading expert on American labor, has given us a balanced and sophisticated picture of China’s vastly different, rapidly changing labor scene. Like all great comparative studies, it also moves us to reconsider the accomplishments and drawbacks of our own government and even suggests what we might learn from the Chinese. -- Jerome A. Cohen, New York University School of LawThis eloquent account of the fundamental issues facing China’s workers, employers, and officials is an accessible but highly nuanced entrée to the world-historical drama unfolding in the PRC. Estlund has masterfully identified the essential economic, political, and legal dynamics that will determine the fate of the world’s largest and most restive working class. -- Eli Friedman, Cornell UniversityFor those who want to know more about the current status of labor in China, A New Deal for China’s Workers? is a must-read. Addressing labor issues in the United States and China, Estlund goes beyond the common view that workplaces in China are all sweatshops even as she questions China’s prospects for controlled liberalization of trade unions and labor NGOs. The results are enlightening and provocative. -- Mary Gallagher, University of MichiganThis is a terrific, eye-opening book. Cynthia Estlund uses her expert knowledge of American labor history and law as a lens through which to examine the turbulent politically and economically fraught world in which hundreds of millions of Chinese workers press for dignity, democracy, and a better material life. From the most exploitative sweatshop to the highest levels of Chinese government and industry, Estlund offers superb guidance to all those puzzled by the near-insurrectionary struggles of the Chinese working class and by the regime’s capacity to channel, accommodate, and suppress this industrial revolt. -- Nelson Lichtenstein, University of California, Santa BarbaraCynthia Estlund provides the most sophisticated and in-depth look ever at China and Chinese workers and their ‘race to the rising bottom.’ Her analysis demonstrates that the Chinese leadership’s fear of an independent ‘organized labor’ movement as a greater threat than ‘organized capital’ or capitalism has actually motivated positive change for Chinese workers. The revealing comparisons of labor law, workplace democracy, and the role of unions between the U.S. and China is stunningly insightful, and will shatter your conventional ideas. -- Andy Stern, Columbia University

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Book SynopsisShows how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. This book describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own.Trade Review"In this study of various theoretical issues of concern to students of comparative constitutional law, Tushnet has done a remarkable job of analyszing and comparing existing forms of judicial review...Tushnet's impeccable research leads us through varied constitutional systems including, for example, Argentina, Canada, Great Britain, and Ireland. This is constitutional scholarship at its best."--R.J. Steamer, Choice "Tushnet explores two prominent questions that constitutional drafters must ask: What powers of judicial review should courts have? and What rights should be enumerated? ... Tushnet's ambitious agenda in Weak Courts, Strong Rights is equally important for political scientists and comparative legal scholars."--Theresa J. Squatrito, Comparative Political Studies "Mark Tushnet has written an important book, featuring mastery of pertinent comparative constitutional law literature and an incredible ideas-per-ink ratio... Any serious scholar of comparative constitutional law cannot afford to skip this book."--Ran Hirschl, Ottawa Law ReviewTable of ContentsPreface ix Acknowledgments xv Part I: Strong-Form and Weak-Form Judicial Review Chapter 1: Why Comparative Constitutional Law? 3 Chapter 2: Alternative Forms of Judicial Review 18 Chapter 3: The Possible Instability of Weak-Form Review and Its Implications 43 Part II: Legislative Responsibility for Enforcing the Constitution Chapter 4: Why and How to Evaluate Constitutional Performance 79 Chapter 5: Constitutional Decision Making Outside the Courts 111 Part III: Judicial Enforcement of Social and Economic Rights Chapter 6: The State Action Doctrine and Social and Economic Rights 161 Chapter 7: Structures of Judicial Review, Horizontal Effect, and Social Welfare Rights 196 Chapter 8: Enforcing Social and Economic Rights 227 Table of Cases 265 Index 269

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Book SynopsisReveals how local life and culture in selected colonies interacted with the rule of law that accompanied the British colonial project. This book presents an account of the 'incomplete implementation of the British constitution' in the colonies. It explores themes of legal translation, local understandings, and judicial biography.Trade Review"This collection of essays by Canada's and Australasia's most accomplished legal historians is a "must" for academic libraries and those who share these scholars' interest in the legal culture of the British colonial world. - Peter Karsten, author of Between Law and Custom: "High" and "Low" Legal Cultures in the Lands of the British Diaspora, 1600-1900.Table of ContentsForewordIntroduction: Does Law Matter? The New Colonial Legal History / Benjamin L. Berger, Hamar Foster, and A.R. BuckPart 1: Authority at the Boundaries of Empire1 Libel and the Colonial Administration of Justice in Upper Canada and New South Wales, c. 1825-30 / Barry Wright2 The Limits of Despotic Government at Sea / Bruce Kercher3 One Chief, Two Chiefs, Red Chiefs, Blue Chiefs: Newcomer Perspectives on Indigenous Leadership in Rupert’s Land and the North-West Territories / Janna Promislow4 Rhetoric, Reason, and the Rule of Law in Early Colonial New South Wales / Ian Holloway, Simon Bronitt, and John Williams5 Sometimes Persuasive Authority: Dominion Case Law and English Judges, 1895-1970 / Jeremy FinnPart 2: Courts and Judges in the Colonies6 Courts, Communities, and Communication: The Nova Scotia Supreme Court on Circuit, 1816-50 / Jim Phillips and Philip Girard7 Fame and Infamy: Two Men of the Law in Colonial New Zealand / David V. Williams8 Moving in an “Eccentric Orbit”: The Independence of Judge Algernon Sidney Montagu in Van Diemen’s Land, 1833-47 / Stefan Petrow 9 “Not in Keeping with the Traditions of the Cariboo Courts”: Courts and Community Identity in Northeastern British Columbia, 1920-50 / Jonathan Swainger Part 3: Property, Politics, and Petitions in Colonial Law 10 Starkie’s Adventures in North America: The Emergence of Libel Law / Lyndsay M. Campbell11 The Law of Dower in New South Wales and the United States: A Study in Comparative Legal History / A.R. Buck and Nancy E. Wright12 Contesting Prohibition and the Constitution in 1850s New Brunswick / Greg Marquis13 From Humble Prayers to Legal Demands: The Cowichan Petition of 1909 and the British Columbia Indian Land Question / Hamar Foster and Benjamin L. Berger Afterword: Looking from the Past into the Future / John P.S. McLarenNotes Selected Bibliography Index

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Book SynopsisLegal expert Sarah Biddulph uses case studies to examine the multiple and shifting ways in which the Chinese government’s efforts to maintain social and political stability impact on the legal definition and implementation of human rights in China.Trade ReviewBiddulph has written an outstanding contribution to the field of human rights and law as well as to the field of governance and social stability/protests. The uniqueness and strength of the book lie in the author’s ability to bridge and unite insights from different research areas and in her rich empirical material. [Biddulph] shows how issues of human rights and governance are intertwined and shape the life of individual citizens as well as the work of different state and non-state actors and institutions. -- Marina Svensson, Lund University * Pacific Historical Review *Table of Contents1 Rights in a Time of Anxiety about Stability2 Labour Rights and Stability3 Housing Expropriation, Demolition, and Relocation4 The Right to Medical Care and Causing Havoc in Hospitals (Yinao)5 Punishing Protest6 Abolishing Re-Education through Labour7 Governance for Rights and Stability?Appendix: Legislation, Administrative Regulations and Rules, Normative Documents, and Party DocumentsNotes; References; Index

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Book SynopsisFamily Law in Action examines the inequalities produced by divorce and separation in France and Quebec.Table of ContentsIntroduction1 Why the Liberalization of Divorce Leads to Unequal Access to Justice2 How Gender and National Context Shape the Legal Profession3 The Legal Encounter as a Situated Nexus of Power4 How Family Justice Frames Unequal Parenthoods5 Family Law and the Welfare State: Intertwining Economic InequalitiesConclusionNotes; References; Index

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Book SynopsisThe right to divorce is a symbol of individual liberty and gender equality under the law, but in practice it is anything but equitable. Family Law in Action reveals the class and gender inequalities embedded in the process of separation and its aftermath in Quebec and France. Drawing on empirical research conducted on their respective court and welfare systems, Emilie Biland analyzes how men and women in both places encounter the law and its representatives in ways that affect their personal and professional lives. While gender inequality is less pronounced in Quebec than in France, and class inequality is starker, in both national contexts inequalities after breakups are driven by the same three mechanisms: access to the law and justice, interactions with legal professionals, and the ways these two factors shape lifestyle and standard of living. Family Law in Action is a rigorous but compassionate study that encourages governments to make good on the emancipatory Table of ContentsIntroduction1 Why the Liberalization of Divorce Leads to Unequal Access to Justice2 How Gender and National Context Shape the Legal Profession3 The Legal Encounter as a Situated Nexus of Power4 How Family Justice Frames Unequal Parenthoods5 Family Law and the Welfare State: Intertwining Economic InequalitiesConclusionNotes; References; Index

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Book SynopsisThis pioneering collection examines tort law as a cultural phenomenon, drawing on the theories and methods of law, sociology, political science, and anthropology and comparative cases across the United States, Europe, and Asia.Trade Review"Both editors Engel and McCann are eminently qualified to prepare this reader on current themes in tort law practice from a comparative perspective .... The highly professional text is throughly indexed and contains an excellent bibliography."—R. A. Carp, Choice"The editors, who have contributed mightily to our scholarly understanding of torts and disputing over the past 25 years, have succeeded admirably in assembling highly accessible essays.... the essays are highly accessible, and the text will be a welcome addition to legal studies courses...."—Law and Politics Book Review"Fault Lines presents an original look at how popular culture informs legal practice, and how this influence determines the way a society thinks about and deals with wrongdoing and personal injury."—Timothy Lytton, Albany Law School"Unified in its attention to tort law in action, this breakthrough volume incorporates years of independent, original research from leading scholars. With clear, comparative examples, it reveals how changes in tort law practices relate to larger social changes." —Richard Abel, UCLA School of Law

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Book SynopsisThis law and society reader taps a rich and diverse literature to compare and contrast the legal experience of many different cultures and nations.Trade Review"This very significant textbook fills a gap that law and society teachers have perceived for a long time. It usefully presents theory and observation as intrinsically connected and acknowledges the importance of observation for the sake of theorizing. The volume is valuable and will certainly arouse interest in the field."—Vincenzo Ferrari, University of Milan"Law in Many Societies is an exciting and unique cross-national collaboration reflecting current global concerns and influences. Distinctive in its presentation of materials that highlight law and society organizations, networks, and publications around the world, it promises to make a strong impact within the United States and beyond."—David M. Engel, State University of New York, University at Buffalo"This stimulating volume is a real winner. With smart ideas, sharp editors, and top-rate scholarly contributions, it shines as an important contribution to the law and society and comparative law literature."—Eric Feldman, University of Pennsylvania

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Book SynopsisTrade Review"Three of the world's most learned, humane, and intellectually courageous scholars have joined forces to produce this introduction to one of the world's great legal traditions. This book belongs on the shelf of every serious student of comparative law."—James Whitman, Yale Law School"This updated, deeply revised edition of Merryman's classic and pioneering work on the Italian legal system exposes the deep transformation of Italian law under the pressures of globalization. It's a welcome addition to a body of literature aimed at showing a Latin civil law experience under siege. An important contribution."—Ugo Mattei, UC Hastings and University of TurinTable of ContentsContents and Abstracts1History of Italian Law chapter abstractThis chapter traces the history of Italian law from the Roman period through the beginning of the Italian Republic (1946). It explains the history of Italian law in relation to the cultural, political, social, and economic histories of Italy. 2Italian Government chapter abstractThis chapter describes the Italian political system, the principal political parties, and the outlines of the judicial system as they existed in the mid- to late 1960s. There is also a brief discussion of the government's role in the Italian economy. 3The Law Professionals chapter abstractThis chapter discusses legal education, the legal profession, and the magistratura, as they existed at the time of publication. 4Civil Procedure and Evidence chapter abstractThis chapter provides an overview of civil procedure, including historical background; constitutional norms; investigation and discovery; appeals and judgments; and trends in procedural scholarship. There are also briefer discussions of the laws of evidence and of criminal and administrative procedures. The differences between Italian and American procedural norms, which flow from the civil–common law distinction but are augmented by various historical differences, are a major theme of this chapter. 5The Italian Style: Doctrine chapter abstractThis chapter traces the development of a distinct Italian "style," which is characterized by an inclination toward legal positivism; a reluctance to consider nonlegal disciplines, notably philosophy, economics, and the remaining social sciences, in legal scholarship; and a tendency, extreme even by civil law standards, to elevate doctrine over case law. These tendencies result, in turn, from a combination of French and German influences and specifically Italian traits, including the long period in which Italy lacked a central governmental authority and relied on scholars ("doctors") of law to maintain continuity. 6The Italian Style: Law chapter abstractThis chapter continues the themes introduced in Chapter 5, emphasizing characteristic Italian attitudes such as the limited (primarily legislative) sources of law; a sharp division between public and private law; and the centrality of codes (especially the civil code) in the legal firmament. These features were changing by the late 1960s as a result of several developments, including the increased economic role of the state, the rise of the Constitutional Court, and the growth in fields that did not fit easily into existing categories. 7The Italian Style: Interpretation chapter abstractThis chapter—arguably the grandest in the book—traces the Italian style as it affects legal interpretation. It describes the difference between the "folklore" of interpretation, under which the judge is merely the mouthpiece of the statute, and the actual practice, in which the judge's values, beliefs, and attitudes inevitably affect the outcome of cases. The core of the chapter is devoted to the work of three scholars—Emilio Betti, Tullio Ascarelli, and Piero Calamandrei—who attempted to resolve this problem, the last with an ambitious theory regarding the need to update interpretation to meet the demands of a democratic society. The chapter concludes with a brief section that summarizes the themes of the book as a whole.

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Book SynopsisTrade Review"The book is a tour de force on comparatively approaching the question of secularism and cultural pluralism in postcolonial societies in Africa and Asia It will be an excellent resource for teaching graduate courses and will become a standard study to be cited in scholarly debates on comparative secularism and multiculturalism." -- Balmurli Natrajan * H-Net *"Nation and Family takes on the divisions of culture and religion in India and explores how they have played out in an unlikely setting: the courts and laws that adjudicate and regulate family life. Subramanian reveals how the experiences and struggles of diverse groups in fashioning personal law shaped the national project and the very meaning of modernity. A masterful exploration of nation-formation." -- Joel S. Migdal, Robert F. Philip Professor of International Studies * University of Washington *"Subramanian has generated [his] explanatory framework based on a magnificent summary of family laws and their evolution across . . . the Islamic world from Morocco to Indonesia in the second half of the twentieth century. I admired Subramanian's quiet rejection of both the area-specialist's tendency to explain fairly common trajectories in terms of the specificities of a particular area's history . . . and the political scientist's propensity for building evaluative models based on culturally specific ideal types. The study of case law is excellent and illuminating, as are the discussions regarding Muslim institutions and associations concerned with the study and development of classical Islamic jurisprudence [fiqh] and of the efforts to connect that tradition to modern Indian law. Subramanian's overall recommendation is for culturally sensitive legal reform, [which] looks both plausible and admirable." -- Nandini Chatterjee * Comparative Studies in Society and History *"Nation and Family shines a spotlight on the intersection of group identity, law reform, and minority rights. Focusing on Indian family law, Subramanian examines changing group norms and conceptions of equality in a developing democracy. An insightful investigation of ethnic politics and the response of policy makers in the domain of legal pluralism." -- Donald Horowitz, James B. Duke Professor of Law and Political Science * Duke University *"In this book Subramanian addresses the complicated and often vexed relationship between personal law and the larger political/historical/legal milieu within which it develops and functions . . . He utilizes a comparative framework with appropriate references to several other countries to clarify and strengthen his case. The discussion is rich and astute, the scholarship careful and rigorous, and the language judicious and elegant . . . Summing Up: Highly Recommended." -- A. Ahmad * CHOICE *"[This book's] scholarship and empirical details and the body of literature and archival sources that it marshals which will be of immense use to students . . . [I]ts historical perspective and comparative analysis opens up the issue in a very different manner than has played out in India's dominant public discourse . . . [I]t deploys key social science categories such as institutions, ideas, interests, and social movements to understand the detours that personal law debates take. In doing so, this study breaks from the theoretical trend that has dominated academia in the last two decades or more, namely one that has paid disproportionate attention to textual analysis with a focus on specific texts and discourses to the neglect of empirical study of how groups of people act in resistance or domination, negotiation and alliance." -- Maitrayee Chaudhuri * Pacific Affairs *"With tremendous insight and fine scholarship, Subramanian traces the debates and advances in religious family law in India, but also places that story in a broad framework. Nation and Family advances a clear argument in comparative politics and undertakes the detailed analysis of legal reform in India." -- John Bowen, Dunbar-Van Cleve Professor in Arts and Sciences * Washington University in Saint Louis *"Nation and Family takes a new approach to the study of religion-based personal laws, particularly in India . . . The most important contribution of this book is its exploration of the relationship between the nation and the family within the context of the consolidation of state authority in postcolonial countries . . . Nation and Family is a truly multifaceted work which will be of value not only to scholars of religion and politics, but also to those interested in political history, comparative history, and gender studies." -- Varsha Chitnis * Politics and Religion *"Meticulously researched and cogently argued, Narendra Subramanian's Nation and Family is a welcome corrective to simplications inherent in much postcolonial discourse on Indian secularism. It demonstrates that neither the persistence of colonial legal categories nor the alleged self-ghettoisation of religious minorities can explain postcolonial changes in personal law. In addition, it offers important comparative insights into relations among secularism, family law, and visions of national community in other postcolonial nation-states." -- Rupa Viswanath * Professor of Religions, Commonwealth and Comparative Politics *

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Book SynopsisThis is a broad history of the western European legal tradition. The author examines the common law of Europe, the ""ius commune"", and its influence on the ""ius propria"", the laws of everyday life. He argues that as Europe's economic borders crumble, it is time for a new common law.

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Book SynopsisA rare comparative study of judicial systems throughout the world.Trade ReviewA valiant effort to foster understanding of perplexing reform questions of global justice and national judicial system. * Choice,highly recommended *This book is a greatly needed assessment of the methodologies used to study and implement justice reform. * Perspectives on Politicts *Global Justice Reform closes the gap between the grand designs of transitional restructuring espoused by the Washington Consensus and the reality of weak legal institutions in much of the developing world. It gives an edge to the comparative method by linking its mission to the most fundamental problems facing legal systems. -- Paul B. Stephan,Lewis F. Powell, Jr. Professor of Law, University of Virginia School of LawChodosh provides the compass to help us navigate the treacherous shoals of comparative law reform. Using insights gleaned from his expertise on both India and Indonesia, he proves the search for global justice is well worth the risk. -- Adrien Katherine Wing,Bessie Dutton Murray Professor of Law, University of IowaThe subject of Global Justice Reform could hardly be more important, or the author better equipped to address it. Integrating his theoretical work on comparative law with his extensive, on-the-ground experience with legal systems in India, Indonesia, the Mideast, and other developing areas, Hiram Chodosh provides a constructive program for clear thinking about the vital task of judicial reform throughout our shrinking world. -- Peter H. Schuck,Simeon E. Baldwin Professor of Law, Yale UniversityTable of ContentsContentsPreface part i: In Search of Methodology1 Introduction 2 The Comparative Method: Which Method?!? 3 Comparing Comparisons part ii: In Search of Justice Reform4 The Most Neglected Branch 5 Between Rocks and Hard Places 6 Emergence from the Dilemmas 7 Conclusion: The Prospects for a Comparative Methodology in Global Justice Reform Notes Bibliography Index About the Author

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Book SynopsisIllustrates the various intersections, crises, and shifts that continually occur within the law, and how these moments of change interact with and comment on contemporary society.

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Book SynopsisTable of ContentsIntroduction Peter Goodrich and Michel Rosenfeld | 1 I Reconstructing Interpretative Communities 1. Interpretations as Hypotheses Bernhard Schlink | 11 2. Antonin Scalia, Bernhard Schlink, and Lancelot Andrewes: Reading Heller Stanley Fish 22 3. The Interpreter, the Analyst, and the Scientist Jeanne L. Schroeder | 38 4. Law against Justice and Solidarity: Rereading Derrida and Agamben at the Margins of the One and the Many Michel Rosenfeld | 54 II Derrida and Dissimulation 5. Jacques Derrida Never Wrote about Law Pierre Legrand | 105 6. Derrida’s Legal Times: Decision, Declaration, Deferral, and Event Bernadette Meyler | 147 7. Derrida’s Shylock: The Letter and the Life of Law Katrin Trüstedt | 168 III The Justice of Administration 8. A Postmodern Hetoimasia—Feigning Sovereignty during the State of Exception Marinos Diamantides | 189 9. Contra Iurem: Giorgio Agamben’s Two Ontologies Laurent de Sutter | 234 IV CounterPlaces, CounterTimes 10. Cities of Refuge, Rebel Cities, and the City to Come Giovanna Borradori | 253 11. A Ghost Story: Electoral Reform and Hong Kong Popular Theater Marco Wan | 272 12. Appearing under Erasure: Of War, Disappearance, and the Contretemps Allen Feldman | 290 List of Contributors | 323 Index | 329

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Book SynopsisGuan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors.Trade ReviewGuan Hong Tang's book offers a fresh, insightful and scholarly treatment of the relationship between the law of copyright and the public interest in China. Copyright legislation in China is a novelty, dating from 1990, and Dr Tang provides a vivid overview of the historical and cultural tensions between traditional Chinese Confucianism and the very concept of copyright, tensions which more recent legislation and case law seek to address. --- Gillian Davies, Hogarth Chambers, UKTable of ContentsContents: Introduction 1. The Opening Up to the World of a Once Isolated Nation 2. Authorship, Access and the Public Interest 3. Administrative Copyright Enforcement – the Authorship Public Interest 4. Public Education, Copyright and the Public Interest 5. Public Libraries, Copyright and the Public Interest 6. Public Archives, Public Copyright and the Public Interest Conclusion Appendix: Timeline of Chinese History Bibliography Index

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Book SynopsisContemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence.Trade Review'To date, economic analysis has not realized its enormous potential for illuminating issues of comparative law. The Research Handbook in Comparative Law and Economics fills that gap. Edited by eminent scholars in the field, this book demonstrates the power of economic methodology to illuminate theoretical and policy-oriented issues across many legal systems. It should be essential reading for anyone interested in cutting edge research in the fields of economic analysis and comparative law.' --Geoffrey Miller, New York University, Law School, US'This remarkable volume shows off the eclectic potential of the comparative law and economics brand. It is comparative not only in assembling scholars from around the world and in zipping from Taiwanese civil disputes to international high courts to drug regulators for case studies, but most importantly in highlighting an empirical methodology that welcomes a range of complementary approaches that broadens the core economic analysis of law. It's a fascinating tour across boundaries.' --Stewart J. Schwab, Cornell Law SchoolTable of ContentsContents: PART I THEORETICAL ISSUES 1. The Past, Present and Future of Comparative Law and Economics Giovanni B. Ramello 2. Markets, Contracts, and Firms: A Unified Model of Organizational Choice Thomas J. Miceli 3. Law, Social Norms, and Standards: Their Nexus with Government and their Impact on the Economic Performance of Nation States Nicholas Mercuro 4. The Market for Legal Innovation: Law and Economics in Europe and the United States, Nuno Garoupa and Thomas S. Ulen 5. Principles, Tolerance and Institutional Torpor Enrico Colombatto PART II SELECTED CASES 6. Structure and Style in Comparative Property Law Yun-chien Chang and Henry E. Smith 7. A Comparative View of Local Tax and Expenditure Limitations and their Consequences Federico Revelli 8. Iron Fist in a Velvet Glove? Judicial Behavior in Mixed Courts Valerie P. Hans and Anne Jolivet 9. Global Competition Law Convergence: Potential Roles for Economics David J. Gerber 10. The Comparative Law and Economics of Energy Markets Giuseppe Bellantuono 11. A Comparative Law and Economics Analysis of Damages for Patent Infringement Thomas F. Cotter 12. The Comparative Economics of International Intellectual Property Agreements Peter K. Yu 13. Copyright and Tort as Mirror Models: On Not Mistaking for the Right Hand What the Left Hand is Doing Wendy J. Gordon 14. The Eurozone Crisis, the Defective Policy Response and the Need for Institutional Innovation Enrico Marelli and Marcello Signorelli PART III EMPIRICAL INVESTIGATIONS 15. The Effect of Stakes on Settlement: An Empirical Lesson from Taiwan Kuo-Chang Huang 16. Comparative Judicial Efficiency: Examining Case Disposition in Five Countries' Courts of Last Resort Anthony Kreis, John Szmer and Robert K. Christensen 17. Copyright Law and the Supply of Creative Work: Evidence from the Movies Ivan Paak Liang Png and Qiu-hong Wang 18. International Environmental Agreement Effectiveness: A Review of Empirical Studies Kendall A. Houghton and Helen T. Naughton 19. The American and the European Market of Human Experimentation, A Comparative Study on Regulation and Competitiveness Antonella Foddis and Roberto Ippoliti Index

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Book SynopsisThis book discusses the problems of applicable law in international copyright infringement cases and examines the solutions proposed to them in the recent projects by the American Law Institute and the European Max Planck Group for Conflict of Laws and Intellectual Property.Table of ContentsContents: Preface 1. Introduction General Part: Status Quo 2. Main Rules 3. Evaluation and Alternatives Specific Part: ALI and CLIP Proposals 4. Introduction to the ALI and CLIP Proposals 5. Lex Loci Protectionis and the Territoriality Principle 6. De Minimis Rule 7. Ubiquitous Infringements Rule 8. Initial Ownership 9. Party Autonomy 10. Conclusions Bibliography Index

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Book SynopsisThis comprehensive collection of leading articles covers legal issues that have arisen out of international sports competition and its management.Trade Review‘Sports lawyers, or any practitioner involved in international sport and the legal issues surrounding it should acquire a copy of this reference book recently published by Edward Elgar. Edited by James A.R. Nafziger, Transnational Law of Sports is part of Elgar 's major new International Law series, the purpose of which is to bring together the most important papers and scholarly research in this continually changing field.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Acknowledgements Introduction James A.R. Nafziger PART I The ORIGINS 1. Kalevi Heinilä (1966), ‘Notes on the Inter-Group Conflicts in International Sport’ 2. James A.R. Nafziger (1971), ‘The Regulation of Transnational Sports Competition: Down from Mount Olympus’ PART II THE EMERGING FRAMEWORK A. International 3. James A.R. Nafziger (1992), ‘International Sports Law: A Replay of Characteristics and Trends’ 4. Andreas Wax (2010), ‘Public International Sports Law—A “Forgotten” Discipline?’ 5. Christoph Vedder (1984), ‘The International Olympic Committee: An Advanced Non-Governmental Organization and the International Law’ 6. David J. Ettinger (1992), ‘The Legal Status of the International Olympic Committee’ 7. Christina Michalos (2006), ‘Five Golden Rings: Development of the Protection of the Olympic Insignia’ B. Regional 8. Luc Silance (1977), ‘Interaction of the Rules in Sports Law and the Laws and Treaties Made by Public Authorities’ 9. James A.R. Nafziger (2008), ‘A Comparison of the European and North American Models of Sports Organisation’ 10. Anastasios Kaburakis (2008), ‘The US and EU Systems of Sport Governance: Commercialized v. Socio-Cultural Model—Competition and Labor Law’ 11. Stephen Weatherill (2000), ‘Resisting the Pressures of “Americanization”: The Influence of European Community Law on the “European Sport Model”’ 12. Robert C.R. Siekmann (2011), ‘The Specificity of Sport: Sporting Exceptions in EU Law’ 13. Stephen Weatherill (2003), ‘”Fair Play Please!”: Recent Developments in the Application of EC Law to Sport’ 14. Thomas M. Schiera (2007), ‘Balancing Act: Will the European Commission Allow European Football to Reestablish the Competitive Balance That It Helped Destroy?’ 15. Lloyd Freeburn (2009), ‘European Football’s Home-Grown Players Rules and Nationality Discrimination Under the European Community Treaty’ 16. Stephen Weatherill (2006), ‘The Sale of Rights to Broadcast Sporting Events Under EC Law’ 17. Robert Siekmann (2006), ‘Study into the Possible Participation of EPFL and G-14 in a Social Dialogue in the European Professional Football Sector’ PART III ETHICAL-LEGAL ISSUES A. Doping 18. Christie Aschwanden (2012), ‘The Science of Doping’ and ‘The Future of Cheating’ 19. Klaus Vieweg (2004), ‘The Definition of Doping and the Proof of a Doping Offense (An Anti-Doping Rule Violation) Under Special Consideration of the German Legal Position’ 20. Robyn R. Goldstein (2007), ‘An American in Paris: The Legal Framework of International Sport and the Implications of the World Anti-Doping Code on Accused Athletes’ 21. Lorenzo Casini (2009), ‘Global Hybrid Public-Private Bodies: The World Anti-Doping Agency (WADA)’ 22. Richard H. McLaren (2006), ‘An Overview of Non-Analytical Positive & Circumstantial Evidence Cases in Sports’ 23. Dionne L. Koller (2008), ‘From Medals to Morality: Sportive Nationalism and the Problem of Doping in Sports’ B. Corruption 24. Richard H. McLaren (2008), ‘Corruption: Its Impact on Fair Play’ C. Ambush Marketing 25. Steve Cornelius (2011), ‘Ambush Marketing in Sport’ PART IV DISPUTE RESOLUTION 26. James A.R. Nafziger (2002), ‘Dispute Resolution in the Arena of International Sports Competition’ 27. James A.R. Nafziger (2010), ‘The Principle of Fairness in the Lex Sportiva of CAS Awards and Beyond’ 28. Richard H. McLaren (2001), ‘The Court of Arbitration for Sport: An Independent Arena for the World’s Sports Disputes’ 29. Darren Kane (2003), ‘Twenty Years On: An Evaluation of the Court of Arbitration for Sport’ 30. James H. Carter (2008), ‘The Law of International Sports Disputes’ 31. Richard H. McLaren (2010), ‘Twenty-Five Years of the Court of Arbitration for Sport: A Look in the Rear-View Mirror’ 32. Matthew J. Mitten (2009), ‘Judicial Review of Olympic and International Sports Arbitration Awards: Trends and Observations’ 33. Ian Blackshaw (2002), ‘Sport and Mediation’ PART V THE FUTURE 34. James A.R. Nafziger (2006), ‘The Future of International Sports Law’

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Book SynopsisLocal Climate Change Law examines the role of local government, especially within cities, in addressing climate change through legal, policy, planning and other tools.Trade ReviewOverall, Local Climate Change Law provides an in-depth analysis of the benefits and difficulties of local climate change regulation and is an important reference work for students, lawyers, policy practitioners, and government officials. --Catherine Foley, Climate LawTable of ContentsContents: Preface Willemien du Plessis and Melissa Powers PART I: FRAMEWORK FOR LOCAL CLIMATE CHANGE LAW 1. Local Climate Change Law Benjamin J. Richardson 2. Transnational Voluntary Climate Change Initiatives for Local Governments: Key Variables, Drivers and Likely Effects Stepan Wood and Kevin Thompson PART II: LOCAL CLIMATE ACTION IN NORTH AMERICA 3. Local Climate Change Law and Multi-level Governance in North America Scott Pasternack 4. Suburban Climate Change Efforts in Minnesota: Implications for Multi-level Mitigation Strategies Hari M. Osofsky 5. US Municipal Climate Plans: What Role Will Cities Play in Climate Change Mitigation? Melissa Powers 6. Local Solutions to a Global Problem? Climate Change Policy-making in Vancouver Elizabeth Schwartz 7. Climate Governance at the Municipal Level in Canada: A Case Study of Mitigation Efforts in Halifax Meinhard Doelle and Kaija Belfry Munroe 8. Measuring Climate Action in Vancouver: Comparing a City’s Greenhouse Gas Emissions Inventory Protocol to the Inventory of Consumption Jennie Moore 9. Indigenous Peoples and Climate Change Policies: A Comparative Assessment of Indigenous Governance Models in Canada Sophie Thériault PART III: LOCAL CLIMATE ACTION IN GLOBAL PERSPECTIVE 10. Local Climate Action in the European Union Marjan Peeters 11. Climate Governance in China: Using the ‘Iron Hand’ Jolene Lin 12. Legal Frameworks for Local Adaptation in Australia: The Role of Local Government in Water Governance in a Climate Change Era Lee Godden 13. Climate Governance in South African Municipalities: Opportunities and Obstacles for Local Government Anél du Plessis Index

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Book SynopsisTrade Review‘The global scholarly community has long lamented the inadequacy of methods used by comparative law scholars to analyze current legal systems and called for expanding and pluralizing the vocabularies and practices of the discipline. Professor Scarciglia’s book will be an invaluable aid to comparative law students navigating this moment of paradigm change. It offers the necessary tools, skillfully explains the relevant context, and wisely articulates guidelines for anyone who intends to embark on a journey in comparative law.’ -- Annelise Riles, Northwestern Buffett Institute for Global Affairs‘This brilliant book is an indispensable resource for exploring comparative law's methodological frontiers with a learned and inspiring guide. It offers insightful up-to-date discussions of current approaches to the subject, making it essential reading for those seeking to deepen their understanding of the field.’ -- Michele Graziadei, University of Torino, Italy‘Comparative lawyers, and aspiring comparative lawyers, will be delighted to see the publication of Scarciglia’s new book. It introduces key methods and concepts of understanding comparative law in a global context, but it also moves comparative law in new directions as it advocates for the need for methodological pluralism in this field.’ -- Mathias Siems, European University Institute, Italy‘This book provides a reliable, concise and up-to-date introduction to comparative methodology of legal research. Building on methodological pluralism, Scarciglia shows the value of collaboration across different disciplines as a way of avoiding superficial comparisons. A must-read for anyone interested in studying law comparatively in a globalising world.’ -- Jaakko Husa, University of Helsinki, FinlandTable of ContentsContents: Preface to the English edition Introduction 1. A short history of comparative law and its methods 2. Comparative law teaching: objects and aims 3. Methods and legal comparison 4. Research question and comparative process 5. Comparison between global phenomena and legal traditions 6. Epilogue: challenges for methodological pluralism Bibliography Index

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Book SynopsisTrade Review‘Governance and regulation of charities is a dynamic field that is rapidly changing on the ground and in scholarship. This work critically appraises the shifting ground of charity reforms in multiple jurisdictions and points to plausible understandings of these developments and where they are destined to lead us.’ -- Myles Mcgregor-Lowndes, Queensland University of Technology, Australia‘This important volume provides new and provocative perspectives on the governance and regulation of charities in comparative perspective. Lawyers, consultants, academics, students and others will find this an invaluable resource for understanding the complex world of charities and civil society within countries and across borders.’ -- Mark Sidel, University of Wisconsin-Madison, US‘This volume provides a rich seedbed of ideas and analysis on the governance and regulation of charities.’ -- Oonagh B Breen, University College Dublin, IrelandTable of ContentsContents: Foreword viii Introduction to Governance and Regulation of Charities: International and Comparative Perspectives 1 Rosemary Teele Langford 1 An Examination of Charity Accountability: To Whom, and How Can We Make It Better? 17 Debra Morris 2 Charity Regulation in an International Context 42 Matthew Turnour 3 The Conditions for Purpose-Based Governance 66 Matthew Harding 4 Designing an Optimal Charities Framework 83 Sue Barker 5 A Tale of Two Jurisdictions: Critical Reflections on Charity Law and Regulation in Australia and England & Wales 108 Danielle Mawer 6 Rethinking the State Regulation of Charities: A Hong Kong Perspective 133 Rebecca Lee 7 Governance and Regulation of Nonprofit Organisations in Germany: Insights and Suggested Reforms 157 Birgit Weitemeyer 8 Charity Governance in Japan: Past Reforms and Current Debates 184 Masayuki Tamaruya 9 Governance and Regulation of Charitable Trusts in Korea: Insights and Implications 208 Kye Joung Lee 10 Regulating the Investment Activities of Australian Charities 228 M Scott Donald and Ashton Cook 11 ‘All for One, One for All, Until…’: Tensions in Individual Accountability and Board Responsibility 252 Jackie Bettington

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