ASCL Studies in Comparative Law - 三民網路書店

A Cosmopolitan Jurisprudence：Essays in Memory of H. Patrick Glenn

90折

1.

A Cosmopolitan Jurisprudence：Essays in Memory of H. Patrick Glenn

作者：Dedek; Helge (McGill University; Montreal) 出版社：Cambridge University Press 出版日：2024/04/18 裝訂：平裝

定價：1754 元，優惠價：9 1578

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2.

Federalism and Decentralization in the Contemporary Middle East and North Africa

作者：Bali; Asli UE. (University of California; Los Angeles); Dajani; Omar M. (University of the Pacific; California) 出版社：Cambridge University Press 出版日：2022/10/31 裝訂：精裝

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3.

Juries, Lay Judges, and Mixed Courts：A Global Perspective

作者：Sanja Kutnjak Ivković 出版社：Cambridge Univ Pr 出版日：2020/10/31 裝訂：精裝

Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.

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4.

Sustainable Diversity in Law：Essays in Memory of H. Patrick Glenn

作者：Dedek; Helge (McGill University; Montreal) 出版社：Cambridge University Press 出版日：2021/12/31 裝訂：精裝

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5.

Law and Political Economy in China：The Role of Law in Corporate Governance and Market Growth

作者：Tamar Groswald Ozery (Hebrew University of Jerusalem) 出版社：Cambridge University Press 出版日：2023/06/30 裝訂：精裝

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6.

Separation of Powers and Antitrust

作者：Vincent Martenet (University of Lausanne) 出版社：Cambridge University Press 出版日：2023/10/31 裝訂：精裝

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National Security Secrecy ― Comparative Effects on Democracy and the Rule of Law

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7.

National Security Secrecy ― Comparative Effects on Democracy and the Rule of Law

作者：Sudha Setty 出版社：Cambridge Univ Pr 出版日：2017/07/31 裝訂：平裝

Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.

定價：1949 元，優惠價：9 1754

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8.

National Security Secrecy ─ Comparative Effects on Democracy and the Rule of Law

作者：Sudha Setty 出版社：Cambridge Univ Pr 出版日：2017/07/31 裝訂：精裝

Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.

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Ruling the Law：Legitimacy and Failure in Latin American Legal Systems

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9.

Ruling the Law：Legitimacy and Failure in Latin American Legal Systems

作者：Jorge L. Esquirol 出版社：Cambridge Univ Pr 出版日：2022/05/19 裝訂：平裝

The North-South global divide is as much about perception and prejudice as it is about economic disparities. Latin America is no less ruled by hegemonic misrepresentations of its national legal systems. The European image of its laws mostly upholds legal legitimacy and international comity. By contrast, diagnoses of excessive legal formalism, an extraordinary gap between law and action, inappropriate European transplants, elite control, pervasive inefficiencies, and massive corruption call for wholesale law reform. Misrepresented to the level of becoming fictions, these ideas nevertheless have profound influence on US foreign policy, international agency programs, private disputes, and academic research. Jorge L. Esquirol identifies their materialization in global governance - mostly undermining Latin American states in legal geopolitics - and their deployment by private parties in transnational litigation and international arbitration. Bringing unrelenting legal realism to

定價：1494 元，優惠價：9 1345

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Rediscovery and Revival in Islamic Environmental Law：Back to the Future of Nature's Trust

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10.

Rediscovery and Revival in Islamic Environmental Law：Back to the Future of Nature's Trust

作者：Samira Idllalène 出版社：Cambridge Univ Pr 出版日：2022/09/08 裝訂：平裝

The common ground between religions could be fruitfully promoted in order to call for an effective protection of the climate system. Positioned at a junction of different worlds, this book is a multidisciplinary work on Islamic law, common law and environmental law. Looking at the past, present and future, the author suggests a paradigm shift starting from the common ground in order to propose a better future for environmental law in Muslim countries. As the first book to compare Shari'a and common law in field of environmental protection, it suggests a new path in comparative environmental law by recognizing the contributions of both history and spirituality.

定價：1299 元，優惠價：9 1169

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11.

Ruling the Law ― Legitimacy and Failure in Latin American Legal Systems

作者：Jorge L. Esquirol 出版社：Cambridge Univ Pr 出版日：2020/01/31 裝訂：精裝

The North-South global divide is as much about perception and prejudice as it is about economic disparities. Latin America is no less ruled by hegemonic misrepresentations of its national legal systems. The European image of its laws mostly upholds legal legitimacy and international comity. By contrast, diagnoses of excessive legal formalism, an extraordinary gap between law and action, inappropriate European transplants, elite control, pervasive inefficiencies, and massive corruption call for wholesale law reform. Misrepresented to the level of becoming fictions, these ideas nevertheless have profound influence on US foreign policy, international agency programs, private disputes, and academic research. Jorge L. Esquirol identifies their materialization in global governance - mostly undermining Latin American states in legal geopolitics - and their deployment by private parties in transnational litigation and international arbitration. Bringing unrelenting legal realism to

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Prosecutors and Democracy：A Cross-National Study

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12.

Prosecutors and Democracy：A Cross-National Study

作者：Máximo Langer 出版社：Cambridge Univ Pr 出版日：2018/12/13 裝訂：平裝

Focusing on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and the role they should play in liberal self-government. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they sometimes undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. The contributors explore the different ways legal systems have addressed that challenge in the United States, the United Kingdom, and continental Europe. Contrasting those strategies allows an assessment of their relative strengths - and a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, facilitating comparison and deepening the analysis. This is an important new resource for legal scholars and reformers, political philosophers, and social scientists.

定價：1754 元，優惠價：9 1579

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13.

Alternative Approaches to Human Rights：The Disparate Historical Paths of the European, Inter-American and African Regional Human Rights Systems

作者：Christopher Roberts 出版社：Cambridge Univ Pr 出版日：2022/10/31 裝訂：精裝

This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system

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14.

Proportionality and Transformation：Theory and Practice from Latin America

作者：Pou-Gimenez; Francisca; Clerico; Laura (Universidad de Buenos Aires; Argentina); Restrepo-Saldarriaga; Esteban (Universidad de los Andes; Colombia) 出版社：Cambridge University Press 出版日：2022/10/31 裝訂：精裝

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15.

Freedom of Expression：The Revolutionary Roots of American and French Legal Thought

作者：Ioanna Tourkochoriti 出版社：Cambridge Univ Pr 出版日：2021/11/30 裝訂：精裝

Two legal systems founded on similar Enlightenment philosophical and political values use state coercion differently to regulate a liberty at the core of the Enlightenment: freedom of expression. This comparative study of France and the United States proposes a novel theory of how the limits of freedom of expression are informed by different revolutionary experiences and constitutional and political arrangements. Ioanna Tourkochoriti argues that the different ways freedom of expression is balanced against other values in France and the United States can be understood in reference to the role of the government and the understanding of republicanism and liberty. This understanding affects how jurists define the content and the limits of a liberty and strike a balance between liberties in conflict. Exploring both the legal traditions of the two countries, this study sheds new light on the broader historical, social and philosophical contexts in which jurists operate.

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16.

Comparing Law ― Comparative Law As Reconstruction of Collective Commitments

作者：Catherine Valcke 出版社：Cambridge Univ Pr 出版日：2018/09/30 裝訂：精裝

The enterprise of comparative law is familiar, yet its conceptual whereabouts remain somewhat obscure. Comparing Law: Comparative Law as Reconstruction of Collective Commitments reconstructs comparative law scholarship into a systematic account of comparative law as an autonomous academic discipline. The point of that discipline is neither to harmonize world law, nor to emphasize its cultural diversity, but rather to understand each legal system on its own terms. As the proposed reconstruction exercise involves bridging comparative law and contemporary legal theory, it shows how comparative law and legal theory both stand to benefit from being exposed to each other. At a time when many courses are adding a transnational perspective, Valcke offers a more theoretical, broadened, and refreshed view of comparative law.

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90折

17.

Comparing Law ― Comparative Law As Reconstruction of Collective Commitments

作者：Catherine Valcke 出版社：Cambridge Univ Pr 出版日：2018/09/30 裝訂：平裝

The enterprise of comparative law is familiar, yet its conceptual whereabouts remain somewhat obscure. Comparing Law: Comparative Law as Reconstruction of Collective Commitments reconstructs comparative law scholarship into a systematic account of comparative law as an autonomous academic discipline. The point of that discipline is neither to harmonize world law, nor to emphasize its cultural diversity, but rather to understand each legal system on its own terms. As the proposed reconstruction exercise involves bridging comparative law and contemporary legal theory, it shows how comparative law and legal theory both stand to benefit from being exposed to each other. At a time when many courses are adding a transnational perspective, Valcke offers a more theoretical, broadened, and refreshed view of comparative law.

定價：1979 元，優惠價：9 1781

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18.

Rediscovery and Revival in Islamic Environmental Law：Back to the Future of Nature's Trust

作者：Samira Idllalène 出版社：Cambridge Univ Pr 出版日：2021/03/31 裝訂：精裝

The common ground between religions could be fruitfully promoted in order to call for an effective protection of the climate system. Positioned at a junction of different worlds, this book is a multidisciplinary work on Islamic law, common law and environmental law. Looking at the past, present and future, the author suggests a paradigm shift starting from the common ground in order to propose a better future for environmental law in Muslim countries. As the first book to compare Shari'a and common law in field of environmental protection, it suggests a new path in comparative environmental law by recognizing the contributions of both history and spirituality.

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02-25006600[分機130、131]。

19.

European Constitutional Courts and Transitions to Democracy

作者：Francesco Biagi 出版社：Cambridge Univ Pr 出版日：2020/02/29 裝訂：精裝

This book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.

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Evaluation of Evidence：Pre-Modern and Modern Approaches

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20.

Evaluation of Evidence：Pre-Modern and Modern Approaches

作者：Mirjan Damaška 出版社：Cambridge Univ Pr 出版日：2020/02/27 裝訂：平裝

Judges were never bound by law to convict a defendant unless they considered him guilty. Yet, they could be prohibited by law from convicting a person they consider guilty due to the absence of legally prescribed or the presence of legally prohibited evidence. Evaluation of Evidence addresses the question: should the law restrict the freedom of judges in assessing the probative value of evidence in the criminal process? Tracing the treatment of evidence from pre-modern to modern times, Mirjan Damaška argues that there has always been some understanding about rules regarding the use and treatment of evidence, and these rules should not be looked askance as a departure from ideal arrangements. In a time when science and technology have the ability to contribute to factual inquiry, there needs to be acceptance of rules that expand or corroborate evidence produced by our native sensory apparatus.

定價：1499 元，優惠價：9 1349

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A Cosmopolitan Jurisprudence：Essays in Memory of H. Patrick Glenn

Federalism and Decentralization in the Contemporary Middle East and North Africa

Juries, Lay Judges, and Mixed Courts：A Global Perspective

Sustainable Diversity in Law：Essays in Memory of H. Patrick Glenn

Law and Political Economy in China：The Role of Law in Corporate Governance and Market Growth

Separation of Powers and Antitrust

National Security Secrecy ― Comparative Effects on Democracy and the Rule of Law

National Security Secrecy ─ Comparative Effects on Democracy and the Rule of Law

Ruling the Law：Legitimacy and Failure in Latin American Legal Systems

Rediscovery and Revival in Islamic Environmental Law：Back to the Future of Nature's Trust

Ruling the Law ― Legitimacy and Failure in Latin American Legal Systems

Prosecutors and Democracy：A Cross-National Study

Alternative Approaches to Human Rights：The Disparate Historical Paths of the European, Inter-American and African Regional Human Rights Systems

Proportionality and Transformation：Theory and Practice from Latin America

Freedom of Expression：The Revolutionary Roots of American and French Legal Thought

Comparing Law ― Comparative Law As Reconstruction of Collective Commitments

Comparing Law ― Comparative Law As Reconstruction of Collective Commitments

Rediscovery and Revival in Islamic Environmental Law：Back to the Future of Nature's Trust

European Constitutional Courts and Transitions to Democracy

Evaluation of Evidence：Pre-Modern and Modern Approaches