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The book provides a comprehensive analysis of local government in
federations. It fills the gap in current legal research and
positions local government in federal studies through the lenses of
comparative law, adopting a more nuanced approach to local
government. The book considers the shortcomings between the
black-letter constitution and its operational rules. Whether (and
how) the regime of local government is implemented is more relevant
than its formal-but-ineffective recognition. The comparative survey
discloses the variety local institutions take in different federal
contexts. Divided into three parts, the book comprises chapters
investigating local government in systems that, to various degrees,
have been examined and classified as federal. Scholars throughout
the world have examined the federal-local connection in aggregative
federations, (the USA, Canada, Switzerland, Germany, Australia, and
Austria), devolutionary ones (Belgium, Bosnia Herzegovina, Italy,
Spain, the UK, Argentina, Brazil, Mexico, and the Russian
Federation), as well as in federations beyond the West, where
federalism-as-a-colonial-legacy has undergone a process of
reinvention affecting the federal-local connection (South Africa,
Ethiopia, India, Nigeria, Comoros, Democratic Republic of Congo,
Nepal, Palau, Federated States of Micronesia; St. Kitts and Nevis;
United Arab Emirates; and Pakistan).
This collection focuses on how troubled times impact upon the law,
the body politic, and the complex interrelationship among them. It
centres on how they engage in a dialogue with the imagination and
literature, thus triggering an emergent (but thus far
underdeveloped) field concerning the 'legal imagination.' Legal
change necessitates a close examination of the historical,
cultural, social, and economic variables that promote and affect
such change. This requires us to attend to the variety of non-legal
variables that percolate throughout the legal system. The
collection probes 'the transatlantic constitution' and focuses
attention on imagination in a common law context that seems to
foster imagination as a cultural capability. The book is divided
into four parts. The first part begins with a set of insights into
the historical development of legal education in England and
concludes with a reflection on the historical transition of England
from an absolute monarchy to a republic. The second part of the
volume examines the role that imagination plays in the functioning
of the courts. The third part focuses on patterns of thought in
legal scholarship and detects how legal imagination contributes to
the process of producing new legal categories and terminology. The
fourth part focuses on patterns of thought in legal scholarship,
and looks to the impact of the imagination on legal thinking in the
future. The work provides stimulating reading for those working in
the areas of legal philosophy, legal history and law and humanities
and law and language.
This collection explores the heterogeneous places we have
traditionally been taught to term 'islands.' It stages a
conversation on the very idea of 'island-ness', thus contributing
to a new field of research at the crossroads of law, geography,
literature, urban planning, politics, arts, and cultural studies.
The contributions to this volume discuss the notion of island-ness
as a device triggering the imagination, triggering narratives and
representations in different creative fields; they explore the
interactions between legal, socio-political, and fictional
approaches to remoteness and the 'state of insularity,' policy
responses to both remoteness and boundaries on different scales,
and the insular legal framing of geographical remoteness. The
product of a cross-disciplinary exchange on islands, this edited
volume will be of great interest to those working in the fields of
Island Studies, as well as literary studies scholars, geographers,
and legal scholars.
The primary aim of this book is to provide clear and reliable
information on a number of central topics in comparative law. At a
time when global society is increasingly mobile and legal life is
internationalized, the role of comparative law is gaining
importance. While the growing interest in this field may well be
attributed to the dramatic increase in international legal
transactions, this empirical parameter is only part of the
explanation. The other part, and (at least) equally important, has
to do with the expectation of gaining a deeper understanding of law
as a social phenomenon and a fresh insight into the current state
and future direction of one's own legal system. In response to the
internationalization of legal practice and theory, law schools
around the world have expanded their comparative law programs.
Within the legal subjects that form the core of the curriculum
there is a greater interest in comparative legal analysis, as well
as greater attention to how global developments and international
actors and institutions affect domestic law. Transnational legal
education based on comparative reasoning is intended to help shape
a new generation of lawyers, public servants and other
professionals who recognize and respect cultural diversity in an
interconnected world. The central topics discussed in this book
include: the nature and scope of comparative legal inquiries; the
relationship of comparative law to other fields of legal study; the
aims and uses of comparative law; the origins and historical
development of comparative law; and the evolution and defining
features of some of the world's predominant legal traditions. It
also deals with selected theoretical aspects, such as the problem
of comparability of legal events; the classification of legal
systems into families of law; and the topics of legal transplants,
harmonization and convergence of laws. Chiefly intended for
students, the book also discusses a number of fundamental issues
concerning the development of comparative law, and devotes certain
sections to reviewing the salient features of the relevant
literature on definitional, terminological, methodological and
historical issues.
This collection focuses on how troubled times impact upon the law,
the body politic, and the complex interrelationship among them. It
centres on how they engage in a dialogue with the imagination and
literature, thus triggering an emergent (but thus far
underdeveloped) field concerning the 'legal imagination.' Legal
change necessitates a close examination of the historical,
cultural, social, and economic variables that promote and affect
such change. This requires us to attend to the variety of non-legal
variables that percolate throughout the legal system. The
collection probes 'the transatlantic constitution' and focuses
attention on imagination in a common law context that seems to
foster imagination as a cultural capability. The book is divided
into four parts. The first part begins with a set of insights into
the historical development of legal education in England and
concludes with a reflection on the historical transition of England
from an absolute monarchy to a republic. The second part of the
volume examines the role that imagination plays in the functioning
of the courts. The third part focuses on patterns of thought in
legal scholarship and detects how legal imagination contributes to
the process of producing new legal categories and terminology. The
fourth part focuses on patterns of thought in legal scholarship,
and looks to the impact of the imagination on legal thinking in the
future. The work provides stimulating reading for those working in
the areas of legal philosophy, legal history and law and humanities
and law and language.
This book invites readers to critically rethink the interrelations
between geography and the law. Traditionally, legal-geographical
interrelations have been dominated by scholars with backgrounds in
geopolitics, economics, or geography. More recently, a new
interdisciplinary approach has been developed with the aim of
offering a fresh perspective on how law and geography intersect.
There has been a steady growth in cross-disciplinary research in
this field; how legal-geographical taxonomies interrelate has
attracted attention from scholars and academics with a diverse
range of backgrounds - namely, law, anthropology, and
human/physical geography -, thus giving rise to several
publications. Against this backdrop, the book adopts a legal
comparative perspective and assesses 'normative spatialities',
which are the outcomes of processes of legal-spatial production. In
addition, the comparative analysis offers readers new insights on
some traditional geographic features which are essential to legal
studies (territorial identity, regional demarcation, territorial
alternation, and place-name policy). Examples are drawn from
several jurisdictions (both from the Global North and the Global
South) and partly employ a diachronic perspective. As its
subversive character is ideally suited to revealing policies and
agendas, comparative law is used to identify the ethnocentric and
colonial biases underpinning the use (and misuse) of legal
geographic devices by policymakers and academics. In sum, the book
presents legal geography as an interdisciplinary undertaking in
which geographers and legal scholars can jointly examine common
concepts in the historical, cultural, political and social contexts
in which law is practised. The book transcends the boundaries
between disciplines to engage in a fruitful dialogue on how the law
can help to address the current socio-geographic and ecological
crises.
The primary aim of this book is to provide clear and reliable
information on a number of central topics in comparative law. At a
time when global society is increasingly mobile and legal life is
internationalized, the role of comparative law is gaining
importance. While the growing interest in this field may well be
attributed to the dramatic increase in international legal
transactions, this empirical parameter is only part of the
explanation. The other part, and (at least) equally important, has
to do with the expectation of gaining a deeper understanding of law
as a social phenomenon and a fresh insight into the current state
and future direction of one's own legal system. In response to the
internationalization of legal practice and theory, law schools
around the world have expanded their comparative law programs.
Within the legal subjects that form the core of the curriculum
there is a greater interest in comparative legal analysis, as well
as greater attention to how global developments and international
actors and institutions affect domestic law. Transnational legal
education based on comparative reasoning is intended to help shape
a new generation of lawyers, public servants and other
professionals who recognize and respect cultural diversity in an
interconnected world. The central topics discussed in this book
include: the nature and scope of comparative legal inquiries; the
relationship of comparative law to other fields of legal study; the
aims and uses of comparative law; the origins and historical
development of comparative law; and the evolution and defining
features of some of the world's predominant legal traditions. It
also deals with selected theoretical aspects, such as the problem
of comparability of legal events; the classification of legal
systems into families of law; and the topics of legal transplants,
harmonization and convergence of laws. Chiefly intended for
students, the book also discusses a number of fundamental issues
concerning the development of comparative law, and devotes certain
sections to reviewing the salient features of the relevant
literature on definitional, terminological, methodological and
historical issues.
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