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This stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine.
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Historical jurisprudence. --- Law --- History.
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Historical jurisprudence. --- Law --- History.
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Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases. Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
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Historical jurisprudence. --- Customary law. --- Law, Greek.
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Law --- Historical jurisprudence --- Droit --- Droit historique --- History --- Encyclopedias --- Histoire --- Encyclopédies --- 34 <09> --- Rechtsgeschiedenis --(algemeen) --- Historical jurisprudence. --- 34 <09> Rechtsgeschiedenis --(algemeen) --- Encyclopédies --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law - History - Terminology
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Science --- -Natural science --- Science of science --- Sciences --- Congresses --- Historical jurisprudence --- Law --- -Research --- -Science and state --- -Jurisprudence --- Science policy --- State and science --- State, The --- Science research --- Scientific research --- Information services --- Learning and scholarship --- Methodology --- Research teams --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Philosophy --- -History --- Government policy --- Research --- Natural sciences --- -Science --- -Congresses --- -Philosophy --- Droit --- Histoire
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This prize-winning work offers a major new means of conceptualizing law and legal relations across the world. National laws are placed in the broader context of major legal traditions, those of chthonic (or indigenous) law, Talmudic law, civil law, Islamic law, common law, Hindu law, and Asian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change, and its teaching on relations with other traditions and peoples. Legal traditions are explained in terms of multivalent and non-conflictual forms of logic and thought. (Bron: covertekst)
Comparative law --- International law --- Customary law --- Legal polycentricity --- Historical jurisprudence --- Droit comparé --- Droit coutumier --- Pluralisme juridique --- Droit historique --- Comparative law. --- Customary law. --- Legal polycentricity. --- E090445.jpg --- Vergelijkend recht --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws --- Customs (Law) --- Folk law --- Usage and custom (Law) --- Social norms --- Common law --- Time immemorial (Law) --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Droit comparé --- Law, Primitive --- Traditional law
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