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Western Legal Traditions A Comparison of Civil Law and Common Law By  Martin Vranken Federation Press – 2015 – 208 pages The rule of law constitutes the hallmark of contemporary Western society. However, public perceptions and attitudes to the law can vary in space and time. This book explores legal solutions to selected problem scenarios in their broader historical, economic, political and societal context. The focus is on the legal traditions of civil law and common law. The book is premised on the assumption - indeed, the conviction - that use of the comparative method both facilitates and promotes a deeper understanding of the society in which we live and the rules by which it is shaped. Major 'threads' that run through the book are the relationship between law and morality, the role of the state in regulating human interaction, as well as the relationship between the state and the individual. As a practical matter, the text is divided into 3 Parts. A first Part provides va

About the International Organization for Judicial Training   The International Organization for Judicial Training (IOJT) was established in 2002 in order to promote the rule of law by supporting the work of judicial education institutions around the world. The mission of the IOJT is realized through international and regional conferences and other exchanges that provide opportunities for judges and judicial educators to discuss strategies for establishing and developing training centers, designing effective curricula, developing faculty capacity, and improving teaching methodology. JUDICIAL EDUCATION AND TRAINING  Journal of the International Organization for Judicial Training The journal Judicial Education and Training publishes topical articles on the education and training of judges and justice sector professionals around the world. This journal aims to stimulate a community of learning in judicial education by showcasing selected papers presented to the biennial conferences of the

The Diffusion of Law The Movement of Laws and Norms Around the World Edited by Sue Farran, Northumbria Law School, UK, James Gallen, Dublin City University, Ireland, Jennifer Hendry, University of Leeds, UK and Christa Rautenbach, North-West University, South Africa In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form. This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science w

" Human Rights in Translation: Intercultural Pathways" conference at Saint Louis University's Center for Intercultural Studies, St. Louis, March 31--April 1, 2016.  When defining human rights, we often invoke certain beliefs--deemed to be universal--on which such rights are based: dignity inherent to every person, common humanity, and natural state of liberty. However, the norms and values of many cultures are incommensurable, or even incompatible, with these "universal" principles. One way out of this quandary, rooted in the concept of organic wholeness of humanity, has been to call for a convergence of world cultures around the universal idea of human rights, presumed to be shared by all people at a "deeper" level. The problem with this view is that homogenizing world cultures implies eradicating their diversity, in itself a denial of the right to uphold one's culture. Another solution has been to acknowledge the cultural differences in interpr

Deciphering a Civil Code Sources of Law and Methods of Interpretation by  Alain A. Levasseur The primary purpose of this book is to dispel some misunderstandings —  or even erroneous views — on what a “code” is and, more specifically, how one can work with a “civil code.” The text explains that in a civil law system, codification is the product of the combination of three sources of law: legislation, jurisprudence or court cases, and doctrine or legal scholarship. It then analyzes the many different methods of reasoning and interpretation that can be used under a civil code and illustrates these methods as applied to code articles and to three decisions of the Louisiana Supreme Court. Thus, the book explains and justifies the “long lasting life” of civil codes, particularly the French Civil Code of 1804 (also referred to as the Code Napoléon) and the Louisiana Civil Code of 1825. 

LSU Law Center From its founding in 1906, the Law Center has offered its students a legal education recognized for its high standards of academic excellence, an outstanding teaching and research facility, and integrated programs in Louisiana civil law and Anglo-American common law. All LSU Law graduates receive a Juris Doctor, and students may also earn the optional Graduate Diploma in Comparative Law in recognition of extensive, optional coursework in the civil law. Learn more about the LSU Law Center  here .  http://sites01.lsu.edu/wp/lawcenterdean/  

Opinio Juris in Comparatione Vol. I, n.1, 2015 is online   We are pleased to announce the publication of new  Issue of Opinio Juris in Comparatione  Vol. I, n. 1, 2015  Opinio Juris in Comparatione is an electronic full Open Access Journal devoted to “Studies in Comparative and National Law”. It aims at enhancing the dialogue among all legal traditions in a broad sense. The intent of diffusing contributions on national law, as well and not only to focus on comparative issues, is to expand access to foreign legal materials and ideas to those who do not already have access to the traditional avenues (such as journals in the language of the explored legal system). For more information, please visit our website  www.opiniojurisincomparatione.org . Table of Contents Articles Right for Conciliation and Family Welfare Alessandra Pera, Marina Nicolosi European Citizenship, Fundamental Rights and Private Law: Towards a New Model of Social Inclusion Federico Della Negra Lezioni Pisane di Diritto

The Impact of Corruption on International Commercial Contracts Editors:  Bonell , Michael Joachim,  Meyer , Olaf (Eds.) Book Series: Ius Comparatum - Global Studies in Comparative Law, Vol. 11 This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an inter

Disgorgement of Profits Gain-Based Remedies throughout the World Editors:  Hondius , Ewoud,  Janssen , Andre (Eds.) Book Series: Ius Comparatum - Global Studies in Comparative Law, Vol. 8 Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of  Blake v Attorney General , [2001] 1  AC  268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of

Gerapetritis , George Affirmative Action Policies and Judicial Review Worldwide Book Series: Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 47 This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a lega

Combating terrorism in Africa seems to be a mission impossible despite numerous anti-terrorism laws in existence. Africa has a union, known as African Union (AU), comprised of independent States in Africa, except Morocco. It has a notable anti-terrorism law, known as the OAU Convention on Prevention and Combating of Terrorism and other national anti-terrorism laws in existence in its Member States nations. Despite all these anti-terrorism laws, including the Plan of Action for the Prevention and Combating of Terrorism and the Protocol to the OAU Convention on the Prevention and Combating of Terrorism in existence, terrorist acts are on the increase daily on the continent. This book reviews the afore-mentioned OAU (AU) Conventions on Prevention and Combating Terrorism and also identifies its deficiencies and analyzes its inefficacies in preventing and combating terrorism in Africa. It also reviews Member States’ compliance with International Law and UN requirements for combating terrori