By Markku Kiikeri

ISBN-10: 140200284X

ISBN-13: 9781402002847

ISBN-10: 9401009775

ISBN-13: 9789401009775

Comparative criminal Reasoning and ecu Law offers with using comparative legislation in ecu criminal adjudication. It describes different different types of using comparative legislations in criminal reasoning, argumentation and justification in different nationwide felony orders and in eu point felony associations. The publication 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 overall conception of eu legislation and a number of other demanding instances of eu legislation are tested.
The publication is meant for college students and researchers in eu legislations however it additionally comprises elements to be taken under consideration within the useful paintings in eu felony orders and felony associations by way of judges and criminal practitioners.

Show description

Read or Download Comparative Legal Reasoning and European Law PDF

Similar comparative books

Competitiveness In Research And Development: Comparisons And - download pdf or read online

This e-book builds at the premise that the effectiveness of nationwide efforts to extend spending on R&D will be approximated by means of the competitiveness of that economic system in foreign markets. development on a couple of latest ‘benchmarking’ stories that experience up to now in basic terms ranked nations in accordance both to their R&D signs, or their performances in innovation, this is often the 1st booklet to provide a synthesized overview of the R&D competitiveness of nationwide economies in line with either enter and output similar signs.

Download e-book for iPad: Globalisation, Policy and Comparative Research: Discourses by Joseph Zajda (auth.), Joseph Zajda, Val Rust (eds.)

This ebook significantly examines the general interaction among comparative schooling discourses, globalisation, and schooling. It attracts upon contemporary experiences in correct components and explores conceptual frameworks and methodological methods. It demonstrates the neo-liberal ideological imperatives of schooling and coverage reforms, and illustrates the way in which the connection among the nation and schooling coverage impacts present versions and developments in schooling reforms and education globally.

Read e-book online The Political Economy of State-owned Enterprises in China PDF

Targeted on unique positive aspects of monetary improvement, this edited quantity examines the nature and constitution of company governance of a number of key state-owned enterprises in China and public region units in India in 5 strategic sectors: oil and ordinary fuel, metal, coal, electrical energy iteration, and banking industries.

Extra info for Comparative Legal Reasoning and European Law

Sample text

The decision-maker cannot rationally use its own choices as a basis and the premise of a legal decision 148. As it has been maintained, the modern comparative law is based strongly upon the modern paradigm of positive state law l49 . However, comparative law is disconnected from the informal rules of a political and sociological nature because they cannot be generalized within the contemporary comparative law paradigm. Only a comparative approach which would not have as its basic distinction a distinction between (national) legal systems could be able to also compare the socio-Iegal subsystems of national legal systems l50 .

This identity argumentation seems to be based on static presumptions concerning city states, civilization, "legitimacy" (or "rightness") of power, religion, natural law, nation, ethnicity, and, in the end, on the relative stability of positive and formal legal systems, legal rule, and legal institutional arrangements. These presumptions concerning identities of law have enabled the dynamic use of comparative observations as an argument in legal discourse. The aim has been, as it has been maintained, to prove the existence of constitutions, the "goodness" of one system, different types of sovereign power(s), the existence of common norms, the superiority or uniqueness of a particular legal system, and, as in contemporary discourse, the relative autonomy and sovereignty of legal cultures, particular fields of law and, finally, the institutions and norms of supranational regional systems.

108. , Cultural and Ideological Pluralism and Contemporary Public International Law. In: Reports on German Public Law and Public International law to Xiith International Congress of Comparative law (Heidelberg) 1986 (169-182). There is no clear defInition of culture and ideology in contemporary public international law. 180). 36. l09. 120 121 28 CHAPTER 2 hand (for Machiavelli, for example) all socio-Iegal systems were utilizable in the same way, and, accordingly, comparable. Nevertheless, in all these types of comparisons, the common factor was their "internal" systematic point of view with regard to the issue of tertium comparationis.

Download PDF sample

Comparative Legal Reasoning and European Law by Markku Kiikeri


by Jeff
4.2

Rated 4.20 of 5 – based on 33 votes