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  •   Titel: Beyond Comparative Law: American Legal Education and Europe trans
Auteur:  Smits, J.M.
Bron:  Universiteit Maastricht
Gepubliceerd in:  Electronic Journal of Comparative Law
Jaar:  2010
  •   Titel: BILINGUAL AND MULTILINGUAL LEGAL DICTIONARIES IN THE EUROPEAN UNION. A critical bibliography trans
Auteur:  Groot, G.R. de; Laer, C.J.P. van, Universiteit Maastricht
Bron:  Universiteit Maastricht
  •   Titel: China's War on Graft: Political-Legal Campaigns against Corruption in China and their Similarities to the Legal Reactions to Crisis in the U.S. trans
Auteur:  Rooij, B.
Bron:  Universiteit Leiden
Beschrijving:  In: Pacific Rim Law & Political Journal, (2005) vol. 14, no. 2, pp. 289-336 Abstract: In the last two decades, China organized political campaigns to fight corruption. Such campaigns led to an increased prosecution of high-profile cases involving high-level officials. Perceived corruption in China, however, has not decreased as a result, because the campaigns failed to address widespread lower-level incidents. China's political campaigns against corruption--the politico-legal campaigns--are an example of the use of political methods to enhance the legal system. China has organized several politico-legal campaigns to promote public awareness of legal issues and combat crimes, including illegal drug trade, copyright infringements, and environmental violations. The Chinese politico-legal campaigns show that China needs its effective laws to support government policies. A comparative analysis shows that there is a similar need for effective laws in the United States, especially in times of crises. Such effective laws usually come at the cost of sacrificing the formal-rational legal limits on governmental actions. Now that China is trying to establish the rule of law and the U.S. still faces crises related to drugs, crime, and terrorism, both countries face similar challenges in balancing their effective laws with the rule of law principle, and may learn from each other's experience.
  •   Titel: Comparative law and its influence on national legal systems trans
Auteur:  Smits, Jan.
Bron:  Universiteit Maastricht
  •   Titel: Comparative Law and Legal Science trans
Auteur:  Jaap Hage
Bron:  Universiteit Maastricht
Gepubliceerd in:  Maastricht European Private Law Institute (M-EPLI) Working Paper 11/2011
Jaar:  2011
Samenvatting:  This paper argues that it is useful for law students to gain some knowledge of comparative law for the following reasons: 1. A lawyer who has familiarised him or herself with the law of foreign jurisdictions is less likely to experience the 'threshold of the unfamiliar.' 2. Occasionally legal decision makers base their decisions on comparative considerations. 3. The study of comparative law broadens one’s horizon and makes it easier to relativise one’s parochial law. Moreover, the national law can be seen as one possible solution to societal problems, and not anymore as the legal structure of human society. 4. Comparative law can be a useful heuristic tool. It allows legal scientist to generate more easily valuable hypothetical answers to research questions. 5. Depending on the type of research questions one tries to answer and on one’s view of the law, comparative law can also play a role in scientific method. Such a role is indisputable for some kinds of explanation of the law’s contents (legal transplants). Comparative law in a broad sense may provide data which are relevant for questions of evaluative legal science. Comparative law can play a role in descriptive legal science too, for instance if one takes law to be the best possible regulation for collective enforcement.
  •   Titel: Comparative notes on injunction and wrongful risk-taking trans
Auteur:  Boom W.H. van
Bron:  Erasmus Universiteit Rotterdam
Jaar:  2010
  •   Titel: De integratie van religieuze minderheden in de democratische rechtsstaat trans
Auteur:  Cliteur, P.B.
Bron:  Universiteit Leiden
Jaar:  2009
Samenvatting:  Dit artikel maakt een vergelijking tussen de godsdienstige tegenstellingen in 16e eeuws Engeland en de tegenstellingen in de hedendaagse multiculturele samenleving.
  •   Titel: Enforcing the right to property properly trans
Auteur:  Lindenbergh S.D.
Bron:  Erasmus Universiteit Rotterdam
Jaar:  2010
Beschrijving:  Of all patrimonial rights, the right to property is considered by far the most powerful. The owner is entitled to the exclusive use of the object, the word ‘use’ is understood in a very wide meaning and the owner has a strong position as far as enforcement of his right is concerned. He can reclaim the object from anyone (revindicatio), he is usually entitled to both positive injunctions (removal of objects from his premises) and prohibitory injunctions (in case of trespass). And finally, when the owner has to put up with infringements, he is entitled to damages. There seems, however, to be quite a gap between the position of the owner who is entitled to an injunction and that of the owner who has to bear infringements and is only entitled to damages. In the first situation (injunction), the owner can vindicate his right according to a property rule which allows him to set the price for infringements. In the second case (damages), the owner is left to compensatory standards. In this paper, the consequences of the substantial shift in protection from an injunction to (different levels of) compensation will be illustrated with examples from the modern civil code of The Netherlands. Dutch law offers examples of different regimes of protection of the owner: a rather strong position (injunctive power) in the area of neighbour law, a relatively strong position in case of expropriation (a generous level of compensation), a typical liability rule (compensation according to objective standards) when a pressing societal interest prohibits injunctive relief, and a weak level of protection in case of a limited restraint of the owners capacity in case of a public development plan (only ‘fair’ compensation). These examples, which show a sliding scale of levels of protection, raise the question whether the right to property is vindicated properly when injunctive power is left for some form of compensation in money. They also raise the question according to which standards of compensation the right to property can and should be adequately protected.
  •   Titel: Hard Cases in Scripture trans
Bron:  Universiteit Leiden
Jaar:  2009
Samenvatting:  This is a comparison between legal interpretation and theological interpretation.
  •   Titel: Juridische woordenboeken binnen de Europese Unie trans
Auteur:  Groot, G.R. de, C.J.P. van Laer.
Bron:  Universiteit Maastricht
  •   Titel: Netherlands reports to the fifteenth International Congress of Comparative Law trans
Auteur:  Utrecht University Library
  •   Titel: Protection of persons in medical research: The netherlands trans
Auteur:  Hondius, E.H.
Bron:  Universiteit Utrecht
Gepubliceerd in:  Netherlands reports to the fifteenth international Congress of comparative law, II.A.4, p. 155-161
Jaar:  1998
Beschrijving:  90-5095-041-8, conference report
Samenvatting:  On 19 March 1998, the Utrecht University Hospital (Academisch Ziekenhuis Utrecht) announced that in 1996 an international experiment with an anticoagulation drug had been halted after the death of seventeen patients. In the experiment, 1,316 patients participated, 665 of whom received aspirin to reduce the risk of a new stroke. The other 651 patients received the anticoagulation drug which aimed at preventing coagulation in the brain. Of the latter group, 53 patients had serious hemorrages and seventeen died. In the aspirin group six patients had similar complications and one died. The research team supposes that the anti-coagulation drug has diluted the blood too much, so it could leak away through damaged vascular walls. The experiment had been examined and approved by the medical ethical commissions of all 58 participating hospitals. After the first experiment was stopped, a new experiment with an adapted anti-coagulation drug was started, again after the approval of the 58 hospitals concerned. So far, only 135 patients – out of 4,500 needed – have agreed to participate.
  •   Titel: Religious law versus secular law trans
Auteur:  Matthijs de Blois
Gepubliceerd in:  Utrecht Law Review
Samenvatting:  The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.
  •   Titel: The Draft-Common Frame of Reference (CFR) for a European Private Law: Fit for Purpose? trans
Auteur:  Smits, J.M.
Bron:  Universiteit Maastricht
Gepubliceerd in:  Maastricht Journal of European and Comparative Law, Vol. 15, pp. 145-148, 2008
Beschrijving:  This brief editorial (published in the Maastricht Journal) discusses the Draft Common Frame of Reference (DCFR) for a European Private Law (2008). It raises three points of criticism against the draft. The first point is that the draft stands too far apart from the present (consumer) acquis. The second it that it suffers from unclear methodology. Finally, the draft CFR seems to adopt the wrong view of when uniform law exists.
  •   Titel: The dubious quality of legal dictionaries (2006) trans
Auteur:  Groot, Gerard-Rene de; Laer, Conrad J.P. van,
Bron:  Universiteit Maastricht
  •   Titel: The dubious quality of legal dictionaries (2007) trans
Auteur:  Groot, Gerard-Rene de (13312); Laer, Conrad J.P. van.
Bron:  Universiteit Maastricht
  •   Titel: The German Schuldrechtsmodernisierung and the New Dutch Civil Code: A Study in Parallel trans
Auteur:  Jan M. Smits
Bron:  Universiteit Maastricht
Gepubliceerd in:  SCHULDRECHTSMODERNISIERUNG UND EUROPÄISCHES VERTRAGSRECHT, Oliver Remien, ed., pp. 117-131, Tübingen 2008
Beschrijving:  Both the Netherlands and Germany have recently introduced important reforms of their law of obligations. In the Netherlands, the new Civil Code of 1992 reformed the existing private law entirely, while Germany revised its law of obligations extensively in 2002. Both reforms were partly driven by similar motives. This contribution offers a comparison between these two reforms by considering five different points: the motives for re-codification in both countries, the unitary concept of breach of a duty, the right to a second chance to perform, prescription of claims for damages in case of personal injury and the way in which European directives are implemented in German and Dutch private law.
  •   Titel: The Possible Dream: Perfecting Bilingual Law Dictionaries by Distinguishing Better Examples from Bad trans
Auteur:  Dennis Kim-Prieto; Conrad Van Laer
Jaar:  2011
Samenvatting:  As the practice of law crosses national (and linguistic) borders with increasing frequency, the need for tools that facilitate the transnational practice of law becomes more acute. Bilingual legal dictionaries (BLDs) are one critical such tool, as they offer access to legal systems as well as the languages of these systems. Unfortunately, librarians have offered scant criticism of BLDs, many of which are not particularly useful. This article summarizes critical problems with BLDs and offers an approach to resolving these problems by focusing upon the quality of the entries, or definitions, that BLDs provide.
  •   Titel: The Principles of European Contract Law and the Harmonisation of Private law in Europe trans
Auteur:  Smits, J.M.
Bron:  Universiteit Maastricht
  •   Titel: The quality of legal dictionaries: an assesment trans
Auteur:  Groot, Gerard-Rene de (068639333); Laer, Conrad J.P. van
Bron:  Universiteit Maastricht
Beschrijving:  In this article, the quality of the different bilingual legal dictionaries between the languages of the Member States of the European Union will be assessed. In order to do so, some general remarks will be made first about problems with translating legal terminology. Based on those remarks, criteria for reliable bilingual dictionaries will be formulated in the next section. Finally, these criteria will be applied on the available bilingual dictionaries containing the legal language used by one or more EU Member States. To illustrate this, we have attached an updated bibliography encompassing about 200 recently published bilingual and multilingual legal dictionaries in the European Union. The bibliography in the Annex will be the evidence for our final conclusion that most legal dictionaries must be classified as a word list, which implies here that they are of dubious quality. To date, few legal dictionaries have attempted to meet our criteria. Dictionaries that are based on comparative legal research, on the other hand, offer advantages that render them useful to professional translators.