Law, Legal Culture and Politics in the Twenty First Century

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Günther Doeker-Mach, Klaus A. Ziegert
Franz Steiner Verlag, 2004 - Philosophy - 527 pages
This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .

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Contents

Preface
13
Civil Procedure and the Common and Civil Law
55
Reception of Law and Civil Law Traditions
79
Human Rights in an Age of Terrorism
89
Corrective Justice and the Paradox of Future Individuals
109
Collective Rights and Individual Interests
127
Le principe de précaution
148
The Future of Human Rights Does it have one?
165
The Constitution of Vietnam and the issue of Human Rights
358
The Harmonisation of Law in China How to resolve the Problem
386
Australia and East Asia a Solid Bond
414
The Subsidiarity Principle in European Community Law and the Irish
424
Globalisation the Market Economy and Human Rights
439
Chinas Long Road to Sovereignty
453
Judges and Judicial Power under the Hong Kong Basic Law
465
A Tribute to Professor Alice Tay
489

Our paradoxical Legal System and its Courts
176
Justice in Legal Doctrine
197
The Form and Content of a Precedent Methodology
212
Sociolegal Thought and Legal Modernization in Contemporary China
226

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