Agency
in Mixed Legal Systems in Comparative Perspective
March 2005; published online March 2012.
Chapter. Subjects: comparative law. 15747 words.
This chapter discusses the Scots and South African laws of agency, covering fundamental concepts, authority and power, and agent's duties. At the beginning of the twenty-first century a pragmatic...
Agents of Patriarchy in the Secluded World of Women: Females as Expert Witnesses
in The Expert Witness in Islamic Courts
April 2010; published online March 2013.
Chapter. Subjects: comparative law. 7029 words.
In Islam, the morality code obliges females to be segregated from unrelated males. The preference is for one female to treat another, especially if the malady or the wound is located in the...
The American Criminal Jury
in World Jury Systems
October 2000; published online January 2010.
Chapter. Subjects: comparative law. 14916 words.
The criminal jury, after its importation to North America by English settlers, evolved into a unique institution in the United States. Several prominent features of American law and culture have left...
The American Unification
in Judicial Deliberations
July 2009; published online January 2010.
Chapter. Subjects: comparative law. 18186 words.
By looking at the decisions of the United States Supreme Court, this chapter argues that what characterises American judicial discourse is precisely the fact it integrates its formalist and its...
Anthropological Perspectives on Legal Pluralism and Governance in a Transnational World
in Law and Anthropology
November 2009; published online February 2010.
Chapter. Subjects: comparative law. 11336 words.
This chapter presents case studies that illuminate how different actors make and maintain law in various settings that represent very diverse constellations of power. They explore the ways in which...
Anthropologists in the Canadian Courts
in Law and Anthropology
November 2009; published online February 2010.
Chapter. Subjects: comparative law. 14789 words.
European settlers in the mid-19th century laid claim to the majority of the Gitksan and Wet'suwet'en land, although the land was never conquered, ceded, or signed away under the treaty process that...
Anti-Monopoly Law
in Japanese Law
April 2009; published online May 2009.
Chapter. Subjects: comparative law. 16784 words.
This chapter focuses on Japan's Anti-Monopoly Law. Topics discussed include the historical background of the law, an outline of the law, private monopolization, prevention of excessive concentration...
Apology
in Secrets, Sex, and Spectacle
January 2007; published online March 2013.
Chapter. Subjects: comparative law. 17530 words.
After each scandal, participants in Japan grovel through a ritual of remorse, resignations, and occasionally redemption. In the United States, executives usually do not resign until they...
Apples and Oranges
in Judicial Deliberations
July 2009; published online January 2010.
Chapter. Subjects: comparative law. 13270 words.
This chapter argues that the Cour de cassation of France, the Supreme Court of the United States, and the European Court of Justice are truly emblematic courts, courts whose discursive practices and...
Aspects of Non-State Law: Early Yemen and Perpetual Peace
in Legalism
August 2012; published online January 2013.
Chapter. Subjects: comparative law. 13844 words.
This chapter explores the ‘laws of protection’ in Yemen (c.1400 onwards). By examining a case where law can be shown to work ‘sideways’ rather than ‘top down’, it is shown that legalism need not be...