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Koen van Aeken

account for variations in the rates of civil litigation can be controlled. Such viewpoints, which are inspired by research designs in the natural sciences, underpin the well-known investigation conducted by Erhard Blankenburg of litigation behavior in the Netherlands and North Rhine-Westphalia (a German region).45 We will discuss such side-by-side comparison of similar legal systems in the next section from the viewpoint that this might offer the best means to achieve explanation. 5 TOWARD AN EXPLANATION FOR THE DIFFERENTIAL USE OF LITIGATION AND ADR Explanation is

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Stephen C. McCaffrey and Rachael E. Salcido

18 Legal protection of the environment Stephen C. McCaffrey and Rachael E. Salcido* 1 INTRODUCTION The natural environment sustains all life on Earth. It is our life-support system. The field of environmental law has grown substantially over time as citizens and policy makers have recognized the need to safeguard the health of the environment. This legal field relies on multiple scientific fields, such as biology, geology, hydrology, toxicology, as well as social science fields such as public health, to achieve its aims—a healthy, functioning and resilient

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Francis Pakes

orientations involving comparison of relativism and positivism, case studies, focused * Reader in Comparative Criminology, University of Portsmouth. 61 M2963 - CLARK 9781849803618 PRINT.indd 61 25/07/2012 10:44 62 Comparative law and society comparisons and other ways in which scholars can carry out comparative research. Finally, I examine the roles that the comparative researcher can assume along with their associated strengths and weaknesses. The second theme involves two substantive issues. The first is the issue of establishing crime rates, a key concern in

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Edited by David S. Clark

Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date.
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David S. Clark

developing most legal norms in a highly decentralized fashion that they incorporated into classical Roman law, eventually embodied in Emperor Justinian’s Corpus juris civilis (529–34). This compilation served as the basis for university law study and influence on canon law in Europe after the twelfth century. Law faculties in the large number of European universities, teaching and studying Roman and canon law, served as the natural place to develop interest in comparative law after the Enlightenment forces of statism and nationalism began to support national law as their

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Tom Ginsburg

only job was constitutional interpretation. The Austrian Constitutional Court was limited to deciding intergovernmental disputes and a handful of other polities adopted the form in the interwar period. The model of a designated constitutional court became the basis of the post-World War II constitutional courts in Europe. These courts were initially established in Austria, Germany and Italy. Later, post-fascist Portugal and Spain adopted them as part of a general shift toward awareness of rights and natural law limitations on the power of legislatures.12 The courts

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David Nelken

oriented social behaviour and attitudes. The identifying elements of legal culture range from facts about institutions such as the number and role of lawyers or the ways judges are appointed and controlled, to various forms of behaviour such as litigation or prison rates, and, at the other extreme, more nebulous aspects of ideas, values, aspirations and mentalities. Like culture itself, legal culture is about who we are, not just what we do. (2004: 1) The tasks of the scholar who thinks of legal culture in this way (sometimes referred to as the anthropological approach

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Stephen C. Thaman

controlled. In rural areas, and among the poor, anywhere from 40 to 50 percent of the people do not even know a court system exists. Nicholson (note 29) 228, 269–70. On a resurgence of Confucian values in the People’s Republic of China, see Glenn (note 6) 333. 36 In Tibet, the goal of a legal proceeding was to calm the minds and relieve the anger of the disputants and then, through catharsis, expiation, restitution and appeasement, to achieve consensus and rebalance the natural order. French (note 10) 74. 37 It is still in China a commonplace that when conflicts arise, one

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David S. Clark

more complex lectures with categorization of the textual sources, use of hypotheticals (casus), examination of contrary interpretations (oppositiones) and exploration of actual cases with question and answer (quaestiones de facto). Masters and sometimes students (scholars) presented disputations in a dialectical style of argument (quaesita et opposita), defending a thesis against all comers. These stimulated student interest in points of law and helped to develop student ability to argue pro et contra. Professors also prepared repetitiones, which were elaborate

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Francois Venter

that ‘Islam shall be the State religion of Pakistan’. Article 19 allows ‘reasonable restrictions’ on the freedom of the press ‘in the interest of the glory of Islam’, and article 31 requires the state to promote ‘the Islamic way of life’, inter alia by providing appropriate facilities to this end. To qualify for election as president or prime minister one must be a Muslim (articles Martínez-Torrón and Durham (2012) 3 and 7. Text found on the Pakistani government website http://punjablaws.punjab. gov.pk/public/dr/CONSTITUTION%20OF%20PAKISTAN.doc.pdf (accessed 25 March