Law Commons^™

A Different Sort Of Justice: The Informal Courts Of Public Opinion In Antebellum South Carolina, Elizabeth Dale

Elizabeth Dale

Studies of nineteenth century legal history assume that the antebellum South, and antebellum South Carolina in particular, had a legal culture shaped by honor culture and marked by the hierarchical assumptions and extralegal violence that honor culture engendered. In this article, I offer a modification of that well-established account. While I do not question the influence of honor on South Carolina's antebellum legal culture, I suggest that the state had a second, shame-based system of popular justice, in which women played a prominent role. As was the case with honor culture, this second form of extralegal justice, which I have …

Eu Climate Change Litigation, The Role Of The European Courts, And The Importance Of Legal Culture, Sanja Bogojevic

Sanja Bogojević

The purpose of this article is to show it is only in light of legal culture that climate change jurisprudence in the EU can be explained. Examining the case law concerning the EU Emissions Trading Scheme, this article demonstrates that climate change proceedings in the EU raise questions that stand at the heart of the EU legal order; that is, they demand that the boundaries of the EU’s regulatory competences are drawn. In effect, the EU courts focus on ensuring that EU climate change laws are in accord with the rule of law or, in the context of EU law, …

The Role Of The Apprenticeship And Clinics In Legal Education And Legal Culture In The Netherlands, Richard J. Wilson

Richard J. Wilson

Lawrence Friedman’S Comparative Law, Tom Ginsburg

Tom Ginsburg

For over four decades, Lawrence Friedman has been one of the key figures in American law and society studies, as well as the country’s leading legal historian. His unique vantage point has brought him into contact with a wide range of subfields in legal studies, including comparative law. Though he has never published in the leading journals of the discipline, Friedman’s series of book chapters and articles commenting on the field of comparative law have articulated a consistent and important methodological challenge. This essay elaborates Friedman’s comparative jurisprudence and argues that comparative law since the 1960s would have been much …

The Strategy Of Methodology: The Virtues Of Being Reductionist For Comparative Law, Gillian K. Hadfield

Gillian K Hadfield

In this comment I respond to three comments by comparative legal scholars on my paper "Levers of Legal Design: Institutional Determinants of the Quality of Law." In this comment I respond to concerns about the potential for the reductionist methodology employed by economist to illuminate issues in comparative law, particularly in light of commitments in comparative legal scholarship to deep understanding of culture and respect for different legal systems.

The Presence Of Absence Of Personal Identity: Everyday Conditions Of Practicing Law, Matilda Arvidsson

Dr Matilda Arvidsson

No abstract provided.

On The Linguistic Design Of Multinational Courts—The French Capture, Mathilde Cohen

Mathilde Cohen