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The principle of legal certainty is of fundamental importance for
law and society: it has been vital in stabilising normative
expectations and in providing a framework for social interaction,
as well as defining the scope of individual freedom and political
power. Even though it has not always been fully realised, legal
certainty has also functioned as a normative ideal that has
structured legal debates, both at the national and transnational
level. This book presents research from a range of substantive
areas regarding the meaning, possibility and desirability of legal
certainty in the context of a rapidly changing global society. It
aims to address these issues by bringing together scholars from
various jurisdictions in order to examine changes in the shifting
meaning of legal certainty in a comparative and transnational
context. In particular, the book explores some of the tensions that
now exist between the conventional expectation of legal certainty
and the various challenges associated with regulating highly
complex, late modern economies and societies. The book will be of
interest to lawyers concerned with understanding the transformation
of core rule of law values in the context of contemporary social
change, as well as to political scientists and social theorists.
Comparative law is a common subject-matter of research and teaching
in many universities around the world, and the twenty-first century
has aptly been termed 'the era of comparative law'. This Cambridge
Handbook of Comparative Law presents a truly global perspective of
comparative law today. The contributors are drawn from all parts of
the world to provide different perspectives on how we understand
the 'law' and how it operates in practice. In substance, the
Handbook contains 36 chapters covering a broad range of topics,
divided under the following headings: 'Methods of Comparative Law'
(Part I), 'Legal Families and Geographical Comparisons' (Part II),
'Central Themes in Comparative Law' (Part III); and 'Comparative
Law beyond the State' (Part IV).
This volume of essays draws together research on different types of
collective actions: group actions, representative actions, test
case procedures, derivative actions and class actions. The main
focus is on how these actions can enhance access to justice and on
how to balance the interests of private actors in protecting their
rights with the interests of society as a whole. Rather than
focusing on collective actions only as a procedural device per se,
the contributors to this book also examine how these mechanisms
relate to their broader social context. Bringing together a broad
range of scholarship from the areas of competition, consumer,
environmental, company and securities law, the book includes
contributions from Asian, European and North American scholars and
therefore expands the scope of the traditional European and/or
American debate.
Comparative Law offers a thorough grounding in the subject for
students and scholars alike, covering essential academic
discussions and comparative law methodology. It critically debates
both traditional and modern approaches to the discipline and uses
examples from a range of jurisdictions to give the reader a truly
global perspective. Its contextualised and interdisciplinary
approach draws on examples from politics, economics and other
social sciences to provide an original contribution to topics of
comparative law. This new third edition is fully revised to reflect
developments in the scholarship and includes two new chapters,
balancing the book's structure between comparative law of the past,
present and future. Suitable for students taking courses in
comparative law and related fields, this book offers a fresh and
cosmopolitan perspective on the subject.
Comparative Law offers a thorough grounding in the subject for
students and scholars alike, covering essential academic
discussions and comparative law methodology. It critically debates
both traditional and modern approaches to the discipline and uses
examples from a range of jurisdictions to give the reader a truly
global perspective. Its contextualised and interdisciplinary
approach draws on examples from politics, economics and other
social sciences to provide an original contribution to topics of
comparative law. This new third edition is fully revised to reflect
developments in the scholarship and includes two new chapters,
balancing the book's structure between comparative law of the past,
present and future. Suitable for students taking courses in
comparative law and related fields, this book offers a fresh and
cosmopolitan perspective on the subject.
This volume of essays draws together research on different types of
collective actions: group actions, representative actions, test
case procedures, derivative actions and class actions. The main
focus is on how these actions can enhance access to justice and on
how to balance the interests of private actors in protecting their
rights with the interests of society as a whole. Rather than
focusing on collective actions only as a procedural device per se,
the contributors to this book also examine how these mechanisms
relate to their broader social context. Bringing together a broad
range of scholarship from the areas of competition, consumer,
environmental, company and securities law, the book includes
contributions from Asian, European and North American scholars and
therefore expands the scope of the traditional European and/or
American debate.
As attention moves rapidly towards comparative approaches, the
research and teaching of company law has somehow lagged behind. The
overall purpose of this book is therefore to fill a gap in the
literature by identifying whether conceptual differences between
countries exist. Rather than concentrate on whether the
institutional structure of the corporation varies across
jurisdictions, the objective of this book will be pursued by
focusing on specific cases and how different countries might treat
each of these cases. The book also has a public policy dimension,
because the existence or absence of differences may lead to the
question of whether formal harmonisation of company law is
necessary. The book covers 12 legal systems from different legal
traditions and from different parts of the world (though with a
special emphasis on European countries). In alphabetical order,
those countries are: Finland, France, Germany, Italy, Japan,
Latvia, the Netherlands, Poland, South Africa, Spain, the UK, and
the US. All of these jurisdictions are subjected to scrutiny by
deploying a comparative case-based study. On the basis of these
case solutions, various conclusions are reached, some of which
challenge established orthodoxies in the field of comparative
company law.
The principle of legal certainty is of fundamental importance for
law and society: it has been vital in stabilising normative
expectations and in providing a framework for social interaction,
as well as defining the scope of individual freedom and political
power. Even though it has not always been fully realised, legal
certainty has also functioned as a normative ideal that has
structured legal debates, both at the national and transnational
level. This book presents research from a range of substantive
areas regarding the meaning, possibility and desirability of legal
certainty in the context of a rapidly changing global society. It
aims to address these issues by bringing together scholars from
various jurisdictions in order to examine changes in the shifting
meaning of legal certainty in a comparative and transnational
context. In particular, the book explores some of the tensions that
now exist between the conventional expectation of legal certainty
and the various challenges associated with regulating highly
complex, late modern economies and societies. The book will be of
interest to lawyers concerned with understanding the transformation
of core rule of law values in the context of contemporary social
change, as well as to political scientists and social theorists.
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