Law Making, Law Finding, and Law Shaping: The Diverse Influences - Vol. 2

Law Making, Law Finding, and Law Shaping: The Diverse Influences - Vol. 2

Law Making, Law Finding, and Law Shaping: The Diverse Influences - Vol. 2

Law Making, Law Finding, and Law Shaping: The Diverse Influences - Vol. 2

Synopsis

The second volume in an annual series based on lectures held at the Center for European Law Studies in Oxford, this volume examines the respective roles in the legal process of judges, legislators, academics, and regulators, as well as the ways in which these players influence one another. Each group was represented at the lectures, and both the diversity of experience and the depth of knowledge of those in attendance are in evidence throughout this book. Like the first, this volume collects contributions from some of the world's most distinguished legal professionals.

Excerpt

It seems to have become the practice for hosts at public dinners to offer prospective guests an opportunity to indicate any special dietary requirements they may have.

Such a practice has not, I think, invaded the realm of scholarship. But if the editor and publishers of this book were to follow this practice they would be obliged, in good faith, to make clear that there are certain dietary requirements which the papers collected here, for all the richness of the banquet which they offer, cannot claim to meet.

The book offers no sustenance to the insular and introspective English lawyer whose legal world is bounded by the Tweed to the north, the Channel to the south and the North and Irish Seas to east and west. It sends empty away the chauvinist English practitioner who believes we have nothing to learn from sources beyond our shores, and least of all from those bred in the European civil law traditions. There is nothing here to titillate the palate of those who believe that isolation is splendid, or who believe that between the professional practice and the academic study of the law there is a great gulf fixed, such that none may pass from one to the other. This is a book for those with open, receptive minds, prepared to profit from the learning and experience of others, willing to judge arguments on their rational strength and conformity with principle, not on their source or country of origin.

Those who enjoyed Volume One of the Clifford Chance Lectures will welcome the appearance of Volume Two. But there is a difference. the papers in Volume One were delivered under the auspices of the Institute of Anglo-American Law at Leyden, and accordingly had an Anglo-American focus. These papers, delivered under the auspices of the Centre for the Advanced Study of European and Comparative Law at Oxford, have a broader, more comparative, more international canvas. This is in keeping with the far-flung international pratice which Clifford Chance conduct, and which has made their name familiar throughout most of the developed world. Readers will be grateful to them, not only for sponsoring the conference at which these . . .

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