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Operating Law in a Global Context - Comparing, Combining and Prioritising (Hardcover)
Loot Price: R2,838
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Operating Law in a Global Context - Comparing, Combining and Prioritising (Hardcover)
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Lawyers have to adapt their reasoning to the increasingly global
nature of the situations they deal with. Often, rules formulated in
a national, international or European environment must all be
jointly applied to a given case. This book seeks to make explicit
the analysis the lawyer engages in every time he or she is
confronted by the operation of several laws in different contexts.
This reasoning is organised according to a basic three-step
approach, consisting of the comparison (Part 1), combination (Part
2) and, finally, ordering or 'prioritization' (Part 3) of the
methods and solutions of national, international and European law
to be used to solve the case. The book conveys in detail how the
law is operated through a wide range of concrete examples cutting
across domains including criminal law, contract law, fundamental
rights, internal market, international trade and procedure. This
book focuses on the needs of a global lawyer who must reach
conclusions in a pluralistic context. Illustrations from the
domestic case law of the UK, Germany, Belgium, Italy, Spain, France
and the US are used to demonstrate how lawyers can combine
different contexts to improve their legal reasoning. Operating Law
in a Global Context will appeal to lawyers in these jurisdictions
and beyond, as well as to students training to practice in a global
environment.
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