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Jurisprudence Commons™

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Comparative and Foreign Law

Selected Works

2015

Articles 1 - 4 of 4

Full-Text Articles in Jurisprudence

Course Materials On The Law Of Socialist Countries, Julian Juergensmeyer Nov 2015

Course Materials On The Law Of Socialist Countries, Julian Juergensmeyer

Julian C. Juergensmeyer

No abstract provided.

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A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor Apr 2015

A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor

Jarrod Tudor

Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …

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Legal Pragmatism In The People's Republic Of China, Xingzhong Yu Jan 2015

Legal Pragmatism In The People's Republic Of China, Xingzhong Yu

Xingzhong Yu

No abstract provided.

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When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen Dec 2014

When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen

Mathilde Cohen

Influential theories of law have celebrated judicial reason- giving as furthering a host of democratic values, including judges’ accountability, citizens’ participation in adjudication, and a more accurate and transparent decision-making process. This Article has two main purposes. First, it argues that although reason- giving is important, it is often in tension with other values of the judicial process, such as guidance, sincerity, and efficiency. Reason-giving must, therefore, be balanced against these competing values. In other words, judges sometimes have reasons not to give reasons. Second, contrary to common intuition, common law and civil law systems deal with this tension between …

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