The Bernstein Memorial Lecture: The First Six Years

CICLOPs, the Center for International & Comparative Law Occasional Papers, could not be launched with a better issue than one dedicated to Duke Law\u27s named lecture series in the field, the Annual Herbert L. Bernstein Memorial Lecture in Comparative Law. Herbert Bernstein was Duke\u27s much-beloved professor of comparative law. The lecture series, established in Prof. Bernstein’s honor after his sudden death in 2001, has drawn leading scholars from all around the world to speak at Duke Law School on comparative law. This first issue of CICLOPs contains the text of the first six lectures, some of them previously published in hard-to-access venues and some not at all. As such, it serves as a tribute not only to Herbert Bernstein, but also to Duke Law\u27s vibrant and active comparative law community, which encompasses both numerous faculty members and also students pursuing Duke\u27s JD/LLM degree in international and comparative law as well as other student groups. The issue contains all lectures in the order in which they were delivered

Comparative Law as a Bridge Between the Nation-State and the Global Economy: An Essay for Herbert Bernstein

Professor Richard M. Buxbaum delivered the Fourth Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2005 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. In this paper, Richard Buxbaum is primarily concerned with the potential of comparative law as a method to bridge the disparities between the laws of nation-states and the needs of the globalized economy. Buxbaum investigates three separate roles for comparative law in closing this gap: First, he discusses the potential uses of comparative law with regard to the current primacy of national law over the increasingly transnational economic order. Second, he looks into the concern surrounding the growing need for national economic laws to move up a step; here, Buxbaum pays special attention to the problems and benefits created by federalism within both the American and the European systems. Thirdly, and finally, he tackles the elusiveness of what he calls “the slippery issue of ‘economic law’”. In dealing with each of these strands of thought, Buxbaum focuses predominantly on the European Union system and how comparative law can aid in its struggle not only to unify law, but also in efforts to coordinate law between national, sovereign entities. Due to the high degree of difference in the centralization of authority in the American system over the European Union, Buxbaum is able to cast into high relief the need for comparative law within Europe in the absence of a strong legislative body. Buxbaum uses comparative law to bridge the importance of national law in a transnational order with the challenges of achieving a unified economic law between nations, despite the inherent tension between the two concepts

The Method and Role of Comparative Law

Part II will lay out the methodology of comparative law. My proposal for comparative methodology consists of these steps: Step 1 calls for acquiring the skills of a comparativist. These skills require immersion in the culture under review, linguistic knowledge, and the application of neutral, objective evaluative skills. Step 2 requires the application of these comparative skills to evaluate the external law, which consists of the law as written or stated. Here we must do a close assessment of the similarities and differences of the laws of different countries under review. Step 3 involves applying that same methodology to the internal law, a level of law that lies beneath external law yet has important influences on the formation of law. Finally, in Step 4 the results of comparative investigation are assembled in order to determine what we can learn from the foreign legal system and how that insight might reflect on our own legal system. Part III will then turn to describing and outlining the mission of comparative law. Here the focus will be on employing comparative law methodology to help gain insight into the laws of non- Western countries and solve pressing public policy questions

Ilsa Journal Of Internation And Comparative Law

Since the late 1970\u27s, Islamic fundamentalism and violence has spread from the Middle East to as far away as Algeria in West Africa and Mindanao, an island in the Philippines

Senses of Sen: Reflections on Amartya Sen’s Ideas of Justice

This review essay explores how Amartya Sen’s recent book, The Idea of Justice, is relevant and important for the development and assessment of transnational theories and applications to transnational justice and legal education programs. The essay captures a trans-jural dialogue of multinational scholars and teachers, discussing Sen’s contributions to moral justice theory (criticizing programs for “transcendental institutionalism” (like Rawlsian theory) and instead focusing on “comparative broadening” including empirical, relative, and comparative assessments of programs to ameliorate injustice in the world in its comparative concreteness (as in Indian social justice theory and Adam Smith’s Theory of Moral Sentiments and related work). The authors are professors in the transnational legal education program, the Center for Transnational Legal Studies, sponsored by over 25 different law schools, located in London. They teach courses in a wide variety of subjects, including comparative legal theory, constitutional law, business and legal ethics, moral and legal philosophy, international and comparative law, capital markets and business law, emergency powers, international dispute resolution and a variety of other common and civil law subjects

Till Death Do Us Part: A Comparative Law Approach to Justifying Lethal Self-Defense by Battered Women

Till death do us part : a comparative law approach to justifying lethal self- defense by battered women. - In: Duke journal of comparative & international law. 1. 1991. S. 169-21