Interpretation of Law in the Global World: From Particularism to a Universal Approach

• Corporate Author: SpringerLink (Online service)
• Other Authors: Jemielniak, Joanna (Editor), Miklaszewicz, Przemyslaw (Editor)
• Format: Electronic eBook
• Language: English
• Published: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2010.
• Subjects: Law.; Political science.; Law > Philosophy.; Criminal law.; Private international law.; Conflict of laws.; International law.; Comparative law.; Public international law.; Public International Law.; Private International Law, International & Foreign Law, Comparative Law.; Criminal Law.; Fundamentals of Law.; Philosophy of Law.

The volume examines the impact of applying transnational rules on the repertory, methods and practice of legal interpretation. It scrutinizes how globalization processes in law - those reaching top-down (such as European law), as well as those developing bottom-up (such as the new lex mercatoria and...

Table of Contents:

• Capturing the Change: Universalising Tendencies in Legal Interpretation
• Capturing the Change: Universalising Tendencies in Legal Interpretation
• Legal Theory
• Transformations in Law Interpretation: Towards a Universal Approach – The Phenomenon, Causes and Symptoms
• Discourse Ethics as a Basis of the Application of Law
• Judicial Interpretation of Bilingual and Multilingual Laws: A European and Hong Kong Comparison
• The European Dual Nature: Unity/Fragmentation
• European Law
• The Universalisation of Legal Interpretation
• The Power of National Courts in Interpreting Domestic and EU Law: The Indeterminacy of Choice
• Implementation of European Regulation of the Financial Sector: Consequences for the Consumer Protection
• Joint Competence of the EC and Its Member States as a Source of Divergent Interpretations of the TRIPS Agreement at Community and National Levels
• Some Idealism About Realism. Judging Under Certainty and the Standardization of Adjudication in the EC Law
• European Criminal Law
• Pro-European Interpretation of Criminal Law Vis-à-vis the Constitutional Standards of the European Union Member States
• Linguistic Pluralism and Interpretation of European Law in the Third Pillar, Discussed with Reference to the Example of Article 54 of the Convention Implementing the Schengen Agreement
• Introducing Hermeneutic Methods in Criminal Law Interpretation in Europe
• Private Law
• Fifty Years in Five? The Brazilian Approach to the New York Convention
• Explaining Transnational Rules: Discourses and Material Conditions When Implementing the Swedish Corporate Code of Conduct
• The Translation of Transplanted Rules: The Case of the Swedish Nomination Committee
• Transnational Law, Between Ius Mercatorum and Ius Civile.