Jaakko Husa – författare

Komparativ konstitutionell rätt som ämne och metod är här för att stanna. Få juridiska problem är i dag renodlat nationella till sin karaktär och lösning. Vi lever i en tid av globalisering och gränsöverskridande samarbete. I denna bok ges en introduktion till den komparativa konstitutionella rättens teoretiska och metodologiska utmaningar. EU-rättens förhållande till komparativ konstitutionell rätt behandlas ingående i ett särskilt kapitel. Därutöver behandlas nio olika konstitutionella system: Sveriges, Finlands, Tysklands, Frankrikes, Det förenade kungarikets, Turkiets, Rysslands, USA:s och Kinas. Boken är relevant för såväl juridikstuderande som statsvetare med ett intresse för jämförande politik, praktiserande jurister i behov av en introduktion till komparativ konstitutionell rätt och ingång till olika främmande rättssystem, och övriga med ett intresse för och behov av komparativ rätt.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline.Chapters cover critical topics including decolonial comparative law, comparative law and cyberspace, and anthropological approaches to comparative law, ultimately constructing a theoretical framework that builds towards future potential research ventures. Editor Jaakko Husa brings together a strong collective of experts to illustrate how the plurality and interdisciplinary nature of the field does not necessarily lead researchers to a single, normative path.Legal scholars seeking new avenues for comparative law studies will find this Research Agenda highly inspiring, whilst students will also benefit from the book’s leading scholarly insights.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.

This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline.

Chapters cover critical topics including decolonial comparative law, comparative law and cyberspace, and anthropological approaches to comparative law, ultimately constructing a theoretical framework that builds towards future potential research ventures. Editor Jaakko Husa brings together a strong collective of experts to illustrate how the plurality and interdisciplinary nature of the field does not necessarily lead researchers to a single, normative path.

Legal scholars seeking new avenues for comparative law studies will find this Research Agenda highly inspiring, whilst students will also benefit from the book’s leading scholarly insights.

‘A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition).This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America.The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.

''A delightful and fresh approach to the comparative study of law.'' (Jans Smits, Maastricht University, the Netherlands) (of the first edition).This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America.The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.

''A delightful and fresh approach to the comparative study of law.'' (Jans Smits, Maastricht University, the Netherlands) (of the first edition).This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America.The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.

‘A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition).This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America.The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.

This book presents a unique study of the field of comparative law examining the key differences between schools and approaches and examining their contradictions.Comparative law is depicted in this book as a field of contrarians, jurists who tend to oppose or reject prevailing opinions or established practices. Contrarianism has made it exceedingly difficult to find one's way in the field where there are drastically varying views on the basic issues.The book guides readers through divisive debates and disagreements and helps to draw useful conclusions. Instead of lamenting comparative law's feeble place in the legal academia or fantasising about the supposed great future of a unified discipline, the book highlights the collisions and tracks their influence on the field. By focusing on tensions underlying the field, this book encourages readers to think critically while studying law comparatively.

This book presents a unique study of the field of comparative law exploring the key differences between schools and approaches and examining their contradictions.Comparative law is depicted in this book as a field of contrarians, jurists who tend to oppose or reject prevailing opinions or established practices. Contrarianism has made it exceedingly difficult to find one’s way in the field where there are drastically varying views on the basic issues.The book guides readers through divisive debates and disagreements and helps to draw useful conclusions. Instead of lamenting comparative law’s feeble place in the legal academia or fantasising about the supposed great future of a unified discipline, the book highlights the collisions and tracks their influence on the field. By focusing on tensions underlying the field, this book encourages readers to think critically while studying law comparatively.

This book presents a unique study of the field of comparative law examining the key differences between schools and approaches and examining their contradictions.Comparative law is depicted in this book as a field of contrarians, jurists who tend to oppose or reject prevailing opinions or established practices. Contrarianism has made it exceedingly difficult to find one's way in the field where there are drastically varying views on the basic issues.The book guides readers through divisive debates and disagreements and helps to draw useful conclusions. Instead of lamenting comparative law's feeble place in the legal academia or fantasising about the supposed great future of a unified discipline, the book highlights the collisions and tracks their influence on the field. By focusing on tensions underlying the field, this book encourages readers to think critically while studying law comparatively.

Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of ''objectivity'' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.

Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of ''objectivity'' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.'This is a must-have first book for anyone interested in global/transnational law, law and globalisation or legal globalisation, all complex concepts so fascinatingly expounded by the book. One great advantage of this book is that it concisely and comprehensively analyses the pluralist phenomenon of law and globalisation and provides a coherent theoretical/conceptual web connecting major interdependent, interrelated disciplines, theories, methodologies, and dimensions utilised in existing studies of the above phenomenon. The book takes a laudable fresh approach embracing not only the orthodoxies but also a novel and forward-looking perspective fitting for new powers such as China.'- Qiao Liu, The University of Queensland, AustraliaThis Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.Key features include:Comprehensive treatment of main themes and approaches in law and globalisation discussionsProvides a theoretical basis for evaluating legal globalisationIncludes contemporary developmentsExamples from many jurisdictions offer a genuinely global perspective.An ideal concise companion for students and scholars alike, this book sets out an alternative view to law and globalisation that will interest anyone concerned with the future of legal globalisation.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world''s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.

''This is a must-have first book for anyone interested in global/transnational law, law and globalisation or legal globalisation, all complex concepts so fascinatingly expounded by the book. One great advantage of this book is that it concisely and comprehensively analyses the pluralist phenomenon of law and globalisation and provides a coherent theoretical/conceptual web connecting major interdependent, interrelated disciplines, theories, methodologies, and dimensions utilised in existing studies of the above phenomenon. The book takes a laudable fresh approach embracing not only the orthodoxies but also a novel and forward-looking perspective fitting for new powers such as China.''- Qiao Liu, The University of Queensland, Australia

This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.

Key features include:

Comprehensive treatment of main themes and approaches in law and globalisation discussionsProvides a theoretical basis for evaluating legal globalisationIncludes contemporary developmentsExamples from many jurisdictions offer a genuinely global perspective.

An ideal concise companion for students and scholars alike, this book sets out an alternative view to law and globalisation that will interest anyone concerned with the future of legal globalisation.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.'This is a must-have first book for anyone interested in global/transnational law, law and globalisation or legal globalisation, all complex concepts so fascinatingly expounded by the book. One great advantage of this book is that it concisely and comprehensively analyses the pluralist phenomenon of law and globalisation and provides a coherent theoretical/conceptual web connecting major interdependent, interrelated disciplines, theories, methodologies, and dimensions utilised in existing studies of the above phenomenon. The book takes a laudable fresh approach embracing not only the orthodoxies but also a novel and forward-looking perspective fitting for new powers such as China.'- Qiao Liu, The University of Queensland, AustraliaThis Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.Key features include:Comprehensive treatment of main themes and approaches in law and globalisation discussionsProvides a theoretical basis for evaluating legal globalisationIncludes contemporary developmentsExamples from many jurisdictions offer a genuinely global perspective.An ideal concise companion for students and scholars alike, this book sets out an alternative view to law and globalisation that will interest anyone concerned with the future of legal globalisation.

Comparative law scholars have long recognised the importance of looking beyond legal texts and incorporating interdisciplinary methods into the study of law, yet in practice such use of non-legal methods has remained modest. Interdisciplinary Comparative Law illuminates why the doctrinal approach to legal research has retained its strong position, offering a critical analysis of the difficulties of interdisciplinarity.Incisive and ambitious in scope, the book highlights why the comparative study of law benefits from employing the methods of other disciplines. Chapters explore the various ways in which different fields can learn from each other, taking a deep dive into the respective studies of legal history, linguistics, literature, economics, social theory, and international law. The result is a vibrant cross-section of the contrasts and parallels between the practices of law and other areas of research, demonstrating which are the easiest for comparatists to grasp and implement, and which present obstacles for the application of non-legal methods. This cutting-edge book is an essential read for advanced students and scholars of law and legal studies. Its diagnosis of interdisciplinarity as both a boon and bane in the study of law will be of especial interest to comparative law scholars.

Comparative law scholars have long recognised the importance of looking beyond legal texts and incorporating interdisciplinary methods into the study of law, yet in practice such use of non-legal methods has remained modest. Interdisciplinary Comparative Law illuminates why the doctrinal approach to legal research has retained its strong position, offering a critical analysis of the difficulties of interdisciplinarity.

Incisive and ambitious in scope, the book highlights why the comparative study of law benefits from employing the methods of other disciplines. Chapters explore the various ways in which different fields can learn from each other, taking a deep dive into the respective studies of legal history, linguistics, literature, economics, social theory, and international law. The result is a vibrant cross-section of the contrasts and parallels between the practices of law and other areas of research, demonstrating which are the easiest for comparatists to grasp and implement, and which present obstacles for the application of non-legal methods.

This cutting-edge book is an essential read for advanced students and scholars of law and legal studies. Its diagnosis of interdisciplinarity as both a boon and bane in the study of law will be of especial interest to comparative law scholars.

Bringing together over 260 authors from 50 countries, the Encyclopedia of Comparative Law is the most comprehensive reference work in the field of comparative law.The Encyclopedia provides a unique collection of entries, written by authorities in their field, on the current state of this ever-emerging discipline. Entries provide unique insights into not only classical themes within the field but also expand the comparative method to many new topics - showing the way ahead for future scholarship. In addition, many topics are placed within a broader context, with attention given to aspects of social science, economics and anthropology.Entries are alphabetically arranged, covering topical aspects of comparative law as well as country reports addressing the world’s most important jurisdictions. The Encyclopedia is an indispensable source of information for anyone dealing with comparative and international aspects of the law.Key Features:A comprehensive range of over 225 substantive entriesEntries organised alphabetically for ease of navigationFully cross-referencedSpecial focus on methods used in comparative scholarshipEntries written by the world’s foremost scholars of comparative lawWorld class editorial team

This book deals with the living Constitution of Finland, with an emphasis on constitutional history, culture, and practice. 'Culture' here refers to the cognitive long-term social or mental structure which makes it possible for politicians, civil servants, judges, and lawyers to grasp the constitutional environment in which they exist. Finland is a small modern, democratic Nordic country with a politically stable welfare system and a constitutional history dating back to the 1700s which contains remnants of Swedish rule, Russian rule, and the period of independence since 1917. It also contains several inner tensions: parliamentarism versus presidentialism, a high level of constitutionalism versus a virtual lack of constitutional judicial review, and a formally rigid but actually flexible constitution. The book offers a realistic but critical overview of the Finnish constitution, while also discussing fundamental questions about the very nature of constitution and constitutionalism. In addition, the constitutional effect of the EU and the European Convention on Human Rights are discussed and, where appropriate, a specific comparative dimension is added.The book is written in an uncomplicated manner and is aimed at those not familiar with the system, providing an introduction and first orientation without excessive detail. Each chapter concludes with a list of further reading and relevant websites.

This book deals with the living Constitution of Finland, with an emphasis on constitutional history, culture, and practice. ''Culture'' here refers to the cognitive long-term social or mental structure which makes it possible for politicians, civil servants, judges, and lawyers to grasp the constitutional environment in which they exist. Finland is a small modern, democratic Nordic country with a politically stable welfare system and a constitutional history dating back to the 1700s which contains remnants of Swedish rule, Russian rule, and the period of independence since 1917. It also contains several inner tensions: parliamentarism versus presidentialism, a high level of constitutionalism versus a virtual lack of constitutional judicial review, and a formally rigid but actually flexible constitution. The book offers a realistic but critical overview of the Finnish constitution, while also discussing fundamental questions about the very nature of constitution and constitutionalism. In addition, the constitutional effect of the EU and the European Convention on Human Rights are discussed and, where appropriate, a specific comparative dimension is added. The book is written in an uncomplicated manner and is aimed at those not familiar with the system, providing an introduction and first orientation without excessive detail. Each chapter concludes with a list of further reading and relevant websites.

Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.

This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.