In a constantly evolving world where international trade is ever-growing, precontractual liability, particularly for breaking off negotiations, is a topic of unceasing development by legal scholars and the judiciary and of increasing importance for practitioners, judges and academics, with significant consequences for negotiating contracts both at a national and at a transnational level. However, it … Continue reading Isabel Zuloaga – Reliance in the Breaking Off of Contractual Negotiations: Trust and Expectation in a Comparative Perspective (Intersentia 2019)
The history of law is a promising domain. A number of legal disciplines, such as legal theory, the philosophy of law, the sociology of law and epistemology do not have their own history. Often they are perceived as elements of an immutable and coherent system of legal knowledge divided into branches, and not as projects … Continue reading O.V. Kresin – COMPARATIVE LEGAL STUDIES: 1750 TO 1835. APPROACHES TO CONCEPTUALIZATION (transl. 2019)
In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. Many pivotal cases have been … Continue reading Angioletta Sperti, Constitutional Courts, Gay Rights and Sexual Orientation Equality, Oxford, Hart Publishing (hardback, 1st edition, 2017; paperback, 2019).
In an earlier blog mention was made of 'orientalism'. This is a notion that will be familiar to comparative lawyers thanks to the work of Teemu Ruskola who has coined the expression ‘legal orientalism’ ((2002) 101 Michigan LR 179). ‘Orientalism’ is a post-colonial word giving expression to a particular kind of colonialist vision of Asian … Continue reading ‘THE WORLD WILL HEAR FROM ME AGAIN…’: ORIENTALISM IN THE CINEMA (AND IN LAW) – Geoffrey Samuel
This book was designed to analyze and submit to critique an important phenomenon – authoritarian constitutionalism (AC). 15 authors submitted contributions that deal with AC as a phenomenon in its own right, not merely as a derivative or deficient form of liberal constitutionalism. As a result, historical, political-theoretical, cultural, economic, legal perspectives intersect, generate a … Continue reading Authoritarian Constitutionalism – Comparative Analysis and Critique. Eds: Helena Alviar García & Günter Frankenberg. Elgar Publishing 2019
Alan Watson published an enormous number of books and articles during his long career, but one that proves of particular interest to comparative lawyers looks at first sight a relatively modest piece: The Importance of 'Nutshells' (1994) 42 American Journal of Comparative Law 1. Arguably it is more than modest in that it raises two … Continue reading WHY ARE ‘NUTSHELLS’ SO IMPORTANT? – Geoffrey Samuel
Administrative law, and specifically the law concerning judicial review of administrative action, has been regarded by doctrine until the second half of the twentieth century as a product of the national history and tradition of a state, and hence, because of the different national traditions, as an area in which there was, in general, little … Continue reading Cases, Materials and Text on Judicial Review of Administrative Action (Hart 2019)
The Oxford Handbook of Comparative Environmental Law (the Handbook or the book) provides wide-ranging, informative and welcome comparative approach to current environmental law. As outlined in the Handbook’s opening chapter, its two-fold purpose is, first, to provide a cartography of environmental law, along with its underlying logic, main arrangements and variations, and second, as a … Continue reading The Oxford Handbook of Comparative Environmental Law. Oxford University Press, 2019, pp. 1315, eds. Emma Lees and Jorge E. Viñuales.
The Centre for European Legal Studies (Cambridge) kindly sponsored a Comparative law workshop in honour of John Bell, who is retiring in September 2019. The workshop, which was organised by Dr Turenne, was a small gathering of colleagues and former students from Australia, Chile, France, the Netherlands, the USA in addition to colleagues and former … Continue reading Reasons and Context in Comparative Law: Workshop to mark the retirement of Professor John Bell
Comparative constitutional law is a thriving field of scholarship, with an increasing presence on Law School curricula across the world. The Cambridge Companion to Comparative Constitutional Law thereby seeks to provide readers with a detailed introduction to central topics and themes in comparative constitutional law. How can one go about that? The ‘objects’ of comparative … Continue reading The Cambridge Companion to Comparative Constitutional Law – R. Masterman and R. Schütze (eds), 2019