Skip to main content Accessibility help
×
  1. Home
  2. Browse subjects
  3. Law
  4. Comparative Law
  5. Content listing

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

400 results in Comparative Law

Page 1 of 20

Misuses of Comparative Law in International Development
  • Fernanda G. Nicola
  • Coming soon
  • Expected online publication date:
    August 2026
    Print publication:
    31 August 2026
  • Misuses of Comparative Law in International Development examines how comparative law has been deployed by international organizations, governments, and NGOs to legitimize legal reforms that entrench inequality and reinforce power hierarchies. These reforms often align development agendas with neoliberal and authoritarian logics. The book exposes the flawed assumptions—such as convergence, efficiency, and legalism-that underpin transnational reform projects like the World Bank's indicators and the harmonization initiatives of the EU and OECD. It shows how these frameworks misrepresent local contexts and silence alternative legal traditions. Introducing a new typology of misuse-from cannibalization to epistemic impoverishment—it reveals how comparative law frequently operates as a tool of domination rather than emancipation. Bridging critique and utopia, the book re-characterizes these misuses as social constructions and reimagines comparative law as a vehicle for equitable, context-sensitive, and redistributive legal reform.

Global Governance by Data
  • Infrastructures of Algorithmic Rule
  • Edited by Fleur Johns, Gavin Sullivan, Dimitri Van Den Meerssche
  • Coming soon
  • Expected online publication date:
    July 2026
    Print publication:
    31 July 2026
  • We are living through an era of unprecedented data-driven regulatory transformation. AI and algorithmic governance are rapidly altering how global problems are known and governed, and reconfiguring how people, places, and things are drawn into legal relation across diverse areas - from labour, media and communications, and global mobilities to environmental governance, security, and war. These changes are fostering new forms of power, inequality, and violence, and posing urgent conceptual and methodological challenges for law and technology research. Global Governance by Data: Infrastructures of Algorithmic Rule brings together leading interdisciplinary scholars working at the forefront of creative thinking and research practice in this area. The book offers fresh takes on the prospects for working collectively to critique and renew those legal and technological infrastructures that order, divide, empower and immiserate across our data-driven world. This title is also available as open access on Cambridge Core.

Incomplete Constitutions and Coordination in Deeply Divided Societies
  • The Afghan Experiment
  • Shamshad Pasarlay
  • Coming soon
  • Expected online publication date:
    July 2026
    Print publication:
    31 July 2026
  • Why are some deeply divided societies able to craft stable constitutional regimes while others have failed and continue to be mired in endless communal conflict? This puzzle constitutes the central question this book seeks to address. This book is directed at scholars who wish to understand the riddles of constitutional performance in deeply divided societies, and those who are interested in understanding Afghanistan's troubled constitutional history. By providing the most comprehensive account of the drafting and performance of Afghanistan's 2004 constitution, the book is aimed at scholars who want to understand the nuances of the process that produced the Constitution and evaluate its performance with fresh eyes. The world is full of divided, post-conflict societies which continue to witness tragic violent conflicts. This book is thus a valuable resource for policy makers who are currently grappling with how to approach thorny problems of constitutional design and nation-building in these societies.

Indigenous Peoples Inspiring Sustainable Development
  • Implementing UNDRIP through International Law and Covenants
  • Marie-Claire Cordonier Segger, Wayne Garnons-Williams
  • Published online:
    07 January 2026
    Print publication:
    19 February 2026
  • Based on nearly a decade of collaboration by leading Indigenous and non-Indigenous legal experts and researchers, Indigenous Peoples Inspiring Sustainable Development amplifies the guidance and wisdom of Indigenous knowledge and law, as reflected in First Nations treaties with countries. It explores the potential of these covenants to guide sustainable development opportunities in the context of evolving international and domestic legal regimes. Through comparative legal research and contextualized examples across diverse communities' and countries' accords, the volume uncovers whether and how the principles, provisions and practices of Indigenous treaties can strengthen efforts to address pressing social, environmental, and economic challenges. Through cutting-edge insights and stories, the authors analyse how implementation of these treaties could foster, rather than frustrate, efforts to advance the global Sustainable Development Goals by upholding the United Nations Declaration on the Rights of Indigenous Peoples.

Contemporary Chinese Law and Legal System
  • Fundamentals, Civil Justice and Process
  • Mo Zhang
  • Coming soon
  • Expected online publication date:
    December 2025
    Print publication:
    19 February 2026
  • Contemporary Chinese Law and Legal System is a rich source for teaching, study and research in Chinese law and legal system and a useful guide for legal practitioners who are engaged in international practices involving China. The book provides an in-depth overview of modern Chinese law and legal systems with a thorough analysis of basic legal infrastructure, civil code, and legal mechanisms of international civil litigation in Chinese courts and foreign arbitration in China. It includes the most recent judicial opinions and practices pertaining to implementing civil code and enforcing foreign arbitral awards and judgements. Detailed and comprehensive, Contemporary Chinese Law and Legal System provides profound knowledge about the law and legal infrastructure in modern China.

Inter-Asian Law
  • Edited by Matthew S. Erie, Ching-Fu Lin
  • Published online:
    16 December 2025
    Print publication:
    22 January 2026
  • What happens when Western law is no longer the default referent for legal modernity? This is a deceptively simple question, but its implications are significant for such fields as comparative law, international law, and law and development. Whereas much of comparative law is predicated on the idea that modern law flows West to East and North to South, this volume proposes the paradigm of 'Inter-Asian Law' (IAL), pointing to an emerging field of comparative law that explores the legal interactions between and among Asian jurisdictions. This volume is an experimental and preliminary effort to think through other beginnings and endings for law's movement from one jurisdiction to another, laying the grounds for new interactions between legal systems. In addition to providing an analytical framework to study IAL, the volume consists of fifteen chapters written by scholars from Asia and who study Asia that provide doctrinal and empirical accounts of IAL. This title is also available as Open Access on Cambridge Core.

The Failures of Others
  • Justifying Institutional Expansion in Comparative Public and International Law
  • Michaela Hailbronner
  • Published online:
    15 December 2025
    Print publication:
    22 January 2026
  • Arguments from failure – arguments that an institution must expand its powers because another institution is failing in some way 'to do its job' – are commonplace. From structural reform litigation, where courts sometimes assume administrative or legislative functions, to the Uniting for Peace Resolution of the UN General Assembly, to the recent bill quashing British subpostmasters' convictions – such arguments are offered in justification for unorthodox exercises of public power. But in spite of their popularity, we lack a good understanding of these arguments in legal terms. This is partly because failure itself is a highly malleable concept and partly because arguments from failure blur into other more familiar legal doctrines about implied powers or emergencies. We can do better. We should recognize arguments from failure as a distinct concept of public law and understand that contemporary constitutional theory offers us tools to evaluate such arguments in different settings This title is also available as open access on Cambridge Core.

In the Shadow of the Constitution
  • The Micropolitics of Constitutional Contestation in Cambodia
  • Benjamin Lawrence
  • Published online:
    25 November 2025
    Print publication:
    18 December 2025
  • Across the world, the significance or role of Constitutions is too often understood in ways that ignore how they actually touch the lives or shape the political imaginations of ordinary people. Similarly, countries in the Global South, those that are not conventional liberal democracies, and those that have recently experienced conflict are generally underrepresented in the comparative constitutional law literature. Drawing on ethnographic insights and case-studies in Cambodia, this book provides a socio-legal account of constitutional practice under authoritarian rule and sheds light on how otherwise overlooked actors engage with constitutional language and assert constitutional agency. The Cambodian constitution is often dismissed as irrelevant, but its promises, principles and specific provisions actually matter deeply, both to the politically engaged and to ordinary people. This book highlights how many everyday contestations – over politics, religion and culture – take place In the Shadow of the Constitution.

Regulating Competition in the Digital Network Industry
  • Jasper van den Boom
  • Published online:
    20 November 2025
    Print publication:
    04 December 2025
  • This book proposes a wholly new view on digital competition. Digital firms compete to capture parts of the digital network industry. Once they control access points for competition, they get to decide who gets to compete and how. With their superior access to information and users, incumbents become the de facto regulators of their part of the digital network. Regulation that focuses on markets cannot capture these dimensions of power and competition. The system of Progressive Ecosystem Regulation proposed in this book explains how ecosystem competition can be stimulated to create meaningful competitive pressures, open up the network, and introduce real choice for users.

Cultural Property
  • Law, Policy, and Markets
  • Amnon Lehavi
  • Published online:
    05 November 2025
    Print publication:
    30 October 2025
  • While nations, societies, and individuals have always been engaged with both the tangible and intangible aspects of cultural objects, such as archaeological artifacts, artworks, and historical documents, the twenty-first century is seeing a significant shift in the law, ethics, and public policy that have long characterized this field. This book offers a comprehensive analysis of recent developments concerning cultural property. It identifies the underlying forces that drive these changes, focusing on the new political balance between source countries and market countries, the strengthening of cross-border lawmaking and law enforcement, the growing impact of provenance research and due diligence as legal, professional, and ethical norms, and the transformative role of digital databases. The book sets out normative principles for designing a better synergy of the hard law and soft law mechanisms that govern cultural property policy and markets. It proposes a property theory of ownership and custody of cultural objects and outlines a model of 'new cultural internationalism' to promote cross-border collaboration on cultural heritage, including new restitution frameworks.

The Efficacy of Judicial Review
  • The Rule of Law and the Promise of Independent Courts
  • Amanda Driscoll, Jay N. Krehbiel, Michael J. Nelson
  • Published online:
    16 July 2025
    Print publication:
    04 September 2025
  • Over the past century, countries around the globe have empowered constitutional courts to safeguard the rule of law. But when can courts effectively perform this vital task? Drawing upon a series of survey experiments fielded in the United States, Germany, Hungary, and Poland, this book demonstrates that judicial independence is critical for judicial efficacy. Independent courts can empower citizens to punish executives who flout the bounds of constitutional rule; weak courts are unable to generate public costs for transgressing the law. Although judicial efficacy is neither universal nor automatic, courts – so long as they are viewed by the public as independent – can provide an effective check on executives and promote the rule of law.

Legal Heterodoxy in the Global South
  • Edited by Kevin E. Davis, Mariana Pargendler
  • Published online:
    19 June 2025
    Print publication:
    03 July 2025
  • This volume challenges the common perception that legal systems in developing countries are outdated or plagued by enforcement issues. Instead, it presents detailed case studies of private law in the Global South, showcasing how countries in the region have embraced legal doctrines that diverge from traditional approaches in the Global North. Chapters cover core areas of private law, including contracts, property, torts, corporations, and legal personality. The case studies range from India's adoption of CSR rules to Argentina's protection of hyper-vulnerable consumers. This volume demonstrates how many countries have incorporated social and distributional concerns into their private law regimes. Through these examples, the book presents a set of under-appreciated and innovative legal developments in the Global South. This title is also available as Open Access on Cambridge Core.

Graphic Law and Drawn Justice
  • A Legal Analysis
  • Edited by Giuseppe Martinico, Gianpaolo Maria Ruotolo
  • Published by:
    Anthem Press
    Published online:
    10 June 2025
    Print publication:
    15 April 2025
  • The approach of examining law through comics and other forms of popular culture has gained significant traction recently. The portrayal of phenomena in comics, TV series and movies reflects and shapes public perception, embedding these views in collective imagination. Popular culture, which mirrors and influences mainstream trends, plays a crucial role in how legal phenomena and figures - such as professors, students, lawyers, judges and police - are perceived by the public.

    Comics are particularly effective in this context due to their popularity and imaginative nature. Legal reasoning itself often involves imaginative thinking, as illustrated by Justice Felix Frankfurter's advice to a young aspiring lawyer in 1954. He emphasised the importance of cultivating imagination through various forms of art, suggesting that engaging with pop culture can enrich legal understanding.

    This collection seeks to utilise pop culture, specifically comics, to explain and teach complex legal concepts. This approach has been explored in fields such as law and film, and law and literature, but this book aims to be innovative by adopting a comparative and international approach.

    By including scholars from diverse backgrounds and extending beyond Anglo-American perspectives, this book aims to provide a richer, more varied analysis of how law is depicted in graphic novels, manga and animated series, thereby filling an important gap in the literature.

Law, Ethics, and the Visual Arts
  • 6th edition
  • John Henry Merryman, Stephen K. Urice, Simon J. Frankel
  • Published online:
    01 May 2025
    Print publication:
    29 May 2025
  • Since its first publication in 1979, Law, Ethics, and the Visual Arts has been the foundational text in the field of art law. This thoroughly reorganized and updated sixth edition takes a fresh look at primary materials and commentary from previous editions, extending the book's analysis with significant changes in format and content to reflect changes in the field. The book has multiple uses and audiences: a text for courses in law schools and graduate programs, a reference work for lawyers and museum professionals, and a lively read - filled with engaging legal stories and colorful anecdotes featuring the broad cast of characters in the art world. Complementing their own observations, the authors include excerpts from judicial opinions, scholarly and popular articles, international treaties, and statutory law. Law, Ethics, and the Visual Arts offers a cornucopia of examples, questions, issues, and lessons for students, artists, dealers, collectors, attorneys, and any reader curious about today's complex world of the visual arts.

International Human Rights Law
  • A Treatise
  • Ludovic Hennebel, Hélène Tigroudja
  • Published online:
    10 April 2025
    Print publication:
    01 May 2025
  • This book showcases an exhaustive analysis marked by systematic methodology and impeccable mastery of international human rights law. It combines rigorous analysis with theoretical originality. This monumental work stands as the definitive reference for advanced students, doctoral candidates, scholars, and legal practitioners alike in the field. It offers a unique, in-depth exploration of global human rights norms and mechanisms, systematically updated with the latest jurisprudential developments from regional and United Nations treaty bodies. Demonstrating an exceptional level of scholarship and expertise over the subject, this treatise provides authoritative insights and a thorough exploration of international human rights law, making it indispensable for navigating the complexities of human rights litigation globally. An essential tool for litigants, it is also an indispensable resource in any academic library, setting a new standard in both international legal practice and academic research in international human rights law.

Sub-patent Innovation Rights
  • Utility Models, Petty Patents and Innovation Patents Around the World
  • Edited by Jorge L. Contreras
  • Published online:
    06 February 2025
    Print publication:
    13 February 2025
  • This ground-breaking work delves into the world of sub-patent intellectual property rights, exploring utility model and similar protection offered by over 100 countries worldwide. Drawing on the expertise of leading scholars from around the globe, this volume provides a comprehensive analysis of sub-patent protection systems, comparing and contrasting statutory frameworks, registration requirements, corporate strategies and litigation tactics. The book also highlights current policy debates surrounding these systems, including their potential to promote local innovation and economic development, proposals for cross-border harmonization, and their interaction with increasingly integrated litigation systems. This book is an invaluable resource for scholars, attorneys, historians, economists, and anyone dealing with complex international intellectual property matters. This title is also available as Open Access on Cambridge Core.

Disinformation, Misinformation, and Democracy
  • Legal Approaches in Comparative Context
  • Edited by Ronald J. Krotoszynski, Jr., András Koltay, Charlotte Garden
  • Published online:
    09 January 2025
    Print publication:
    23 January 2025
  • In today's digital age, the spread of dis- and misinformation across traditional and social media poses a significant threat to democracy. Yet repressing political speech in the name of truth can also undermine democratic values. This volume brings together prominent legal scholars from democracies worldwide to explore and evaluate different regulatory approaches for addressing this complex problem – all taking into account that the cure must not be worse than the disease. Using a comparative lens, the book offers important and novel insights into methods ranging from national regulation of politicians' speech to empowering civil-society groups that are well-positioned to blunt the effects of disinformation and misinformation. The book also provides solutions-oriented recommendations for policymakers, judges, legal practitioners, and scholars seeking to promote democratic values by encouraging free political speech while combatting disinformation and misinformation. This title is also available as Open Access on Cambridge Core.

Constitutional Intolerance
  • The Fashioning of the Other in Europe's Constitutional Repertoires
  • Mariëtta D. C. van der Tol
  • Published online:
    09 January 2025
    Print publication:
    23 January 2025
  • Constitutional Intolerance offers a deeper reflection on intolerance in politics and society today, explaining why minorities face the contestation of their public visibility, and how the law could protect them. Van der Tol refers to historical practices of toleration, distilling from it the category of 'the other' to the political community, whose presence, representation, and visibility is not self-evident and is often subject to regulation. The book considers 'the other' in the context of modern constitutions, with reference to (ethno)religious, ethnic, and sexual groups. Theoretical chapters engage questions about the time and temporality of otherness, and their ambivalent relationship with (public) space. It offers examples from across the liberal-illiberal divide: France, the Netherlands, Hungary, and Poland. It highlights that vulnerability towards intolerance is inscribed in the structures of the law, and is not merely inherent to either liberalism or illiberalism, as is often inferred.

Constitution-Building After the Arab Spring
  • A Comparative Perspective
  • Francesco Biagi
  • Published online:
    31 December 2024
    Print publication:
    09 January 2025
  • How were post-Arab Spring constitutions drafted? What are the most significant elements of continuity and change within the new constitutional texts? What purposes are these texts designed to serve? To what extent have constitutional provisions been enforced? Have the principles of constitutionalism been strengthened compared to the past? These are some of the key questions Francesco Biagi addresses. Constitution Building After the Arab Spring. A Comparative Perspective examines seven national experiences of constitution building in the Arab world following the 2011 uprisings, namely those of Morocco, Algeria, Tunisia, Libya, Egypt, Syria, and Jordan. This interdisciplinary book, based largely on the author's own work and research in the region, compares these seven national experiences through four analytical frameworks: constitution-drafting and constitutional reform processes; separation of powers and forms of government; constitutional justice; and religion, women and non-Muslims within the framework of citizenship.

Lawyering Imperial Encounters
  • Negotiating Africa's Relationship with the World Economy
  • Sara Dezalay
  • Published online:
    19 December 2024
    Print publication:
    02 January 2025
  • Lawyering Imperial Encounters revisits the relationship between the African continent and global capitalism since the 19th century Scramble. Focused on sites of imperial encounters – in London, Paris, Abidjan, Bujumbura, Kinshasa, Johannesburg or the Hague, it provides an unprecedented account of the correlation between the legacy of legal imperialism and British hegemony, and the uneven and unequal expansion of finance and global justice in the current rush for Africa's 'green' minerals. Tracking the role played by legal intermediaries to negotiate and justify Africa's practical and symbolic subaltern position in the global economy, it demonstrates the interconnectedness between political, legal and economic change in capitalism's cores and its so-called peripheries. Embracing the global turn in sociology, history and legal scholarship, it rubs against the functionalist account of global value chains as engines of development. It also constitutes a powerful postcolonial critique of law's double-bind - as both enabler and bulwark against domination.

Page 1 of 20