Comparative Legal Reasoning and European Law by Markku Kiikeri PDF

By Markku Kiikeri

ISBN-10: 140200284X

ISBN-13: 9781402002847

ISBN-10: 9401009775

ISBN-13: 9789401009775

Comparative felony Reasoning and ecu Law bargains with using comparative legislation in eu felony adjudication. It describes the various different types of using comparative legislation in felony reasoning, argumentation and justification in numerous nationwide criminal orders and in ecu point felony associations. The booklet starts off with an inquiry into the character of comparative legislation as a felony resource. After the outline of the empirical research it ends to the final concept of eu legislations and a number of other tough circumstances of eu legislation are tested.
The ebook is meant for college students and researchers in ecu legislation however it additionally includes facets to be taken into consideration within the sensible paintings in ecu criminal orders and criminal associations through judges and felony practitioners.

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ECHR), or the relationship was regulated by advisory systems (EEC). The universalist legal discourse remained, nevertheless, as a minor issue. On the other hand, the points of contact between legal systems were considered to be, necessarily, points in need of legal regulation, and "voluntary" legal consideration of other systems' solutions seemed to remain as a specific matter for isolated comparative law professionals. One could assert that 20th century comparative law was a direct descendent of the culturally "nationalistic" approach, and that it even went beyond.

16) who maintained in a perceptive way that "As the threat of war recedes, the relations between capitalist and socialist countries will become much closer and their ideological differences will probably diminish". This shows, nonetheless, how greatly the distinction between them was political. On the other hand, the argument seems to assume the existence of a universal system oflaw, from which the "socialist" system was merely a deviation. This idea seems to be related to a "non-empirical", logical, and categorical idea of comparative law.

This is the phenomenological side of comparative law. This dimension has been identified by the tradition of comparative law by "understanding" and "developing" one's own system. , Legal research in changing Europe. 345. , Legal Irritants: good faith in British law or how unifYing law ends up in new divergences. In: Modem Law review, 1998. ). The closing up of systems in comparative law enables instrumental uses ofthe legal systems as arguments. In this sense, modem comparative law is based on a closed system conception.

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Comparative Legal Reasoning and European Law by Markku Kiikeri


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