Operating Law in a Global Context – Comparing, Combining and Prioritising – EE Publishing, to be published (June 2017)
publié le 10 février, 2017
Edward Elgar Publishing
Operating Law in a Global Context – Comparing, Combining and Prioritising
Jean-Sylvestre Bergé and Geneviève Helleringer
To be published, June 2017
Jean-Sylvestre Bergé and Geneviève Helleringer – Operating Law in a Global Context: Comparing, Combining and Prioritising
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 to 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 ‘prioritisation’ (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.
Jean-Sylvestre Bergé (Lyon University – Fellow at the French University Institut) and Geneviève Helleringer (Essec Business School, Paris – Institute of European and Comparative Law, Oxford University)