Basil Markesinis
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Comparative Law in the Courtroom and Classroom
Author: Basil S Markesinis
language: en
Publisher: Bloomsbury Publishing
Release Date: 2003-03-20
This is an original, deliberately controversial and disturbing appraisal of the state of comparative law at the beginning of the 21st century.
The Duality of Genius
Mozart, Goethe, Bernini, Talleyrand, Jaques Louis David, Henry Clay Frick, Oliver Wendell Holmes and Mikhail Psellos here are some of the great achievers that most people have heard of. But few know much about their extraordinary lives; fewer still, realize that alongside their grand public persona there was a darker, less attractive one that is reflected in their work. Why have such factors been ignored or underplayed? Deliberate concealment? Difficulty in discovering them? Or a misguided belief that great achievers must be left standing, shining on their pedestals. Modern psychobiography doubts the last reason but accepts the difficulties and dangers that accompany the collation and assessment of relevant information. This book attempts a candid narrative, warts and all of the lives of some great figures from the worlds of painting, sculpture, politics, philosophy, law, and business but does so also by placing their lives in the context of their times. The result, a series of essayistic portraits built around themes close to the lives of those described and brought into greater relief by the inclusion of over ninety beautifully reproduced colour illustrations. The aim is to allow the general, educated reader to learn more about the genius of creation. Those inter-ested in history, biography, psycho¬bio¬graphy, and the arts, and also believe in the need of a broader culture in times of excessive specialization, will enjoy this candid and wide-ranging book written by a widely travelled and acclaimed author.
Courts and Comparative Law
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.