Operating law in a global context : comparing, combining and prioritizing / Jean-Sylvestre Berge, Professor, University of Lyon, Fellow of the University Institute of France, France; Genevieve Helleringer, Professor, ESSEC Business School and Fellow of the Institute of European and Comparative Law, Oxford, UK.

Format:

Book

Author/Creator:

Bergé, Jean-Sylvestre, author.

Helleringer, Geneviève, author.

Language:

English

Subjects (All):

Law and globalization.

Physical Description:

1 online resource (256 pages)

Place of Publication:

Cheltenham, England : Edward Elgar Publishing, 2017.

Summary:

Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book seeks to make explicit the analysis the lawyer engages in every time he or she is confronted by the operation of several laws in different contexts. This reasoning is organised according to a basic three-step approach, consisting of the comparison (Part 1), combination (Part 2) and, finally, ordering or 'prioritization' (Part 3) of the methods and solutions of national, international and European law to be used to solve the case. The book conveys in detail how the law is operated through a wide range of concrete examples cutting across domains including criminal law, contract law, fundamental rights, internal market, international trade and procedure. This book focuses on the needs of a global lawyer who must reach conclusions in a pluralistic context. Illustrations from the domestic case law of the UK, Germany, Belgium, Italy, Spain, France and the US are used to demonstrate how lawyers can combine different contexts to improve their legal reasoning. Operating Law in a Global Context will appeal to lawyers in these jurisdictions and beyond, as well as to students training to practice in a global environment.

Contents:

Introduction

Comparing conditions of enforceability

The comparison of methods and solutions

The complementarity of laws

The phenomenon and the constraint of circulation

Prioritisation through the application of the law at one level : the appeal to a hierarchy of norms

Prioritisation through the application of the law at another level : the appeal to a prioritised law

Conclusion.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78536-733-1