Overview

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 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 'prioritization' (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.

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9781785367328

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`This highly original book is a study in global legal reasoning to solve international cases. Departing from concrete cases taken from a number of domestic systems it shows lawyers that in order to reach a solution their reasoning must be organised according to a three-step approach, consisting of (I) comparison, (II) combination and (III) establishing priority of the methods and solutions of national, European and international law. The detailed discussion cuts across many domains, including criminal law, contract law, fundamental rights, internal market, international trade and procedure.' -- Arthur Hartkamp, Professor of European Private Law, Radboud University, Nijmegen

'This highly original book is a study in global legal reasoning to solve international cases. Departing from concrete cases taken from a number of domestic systems it shows lawyers that in order to reach a solution their reasoning must be organised according to a three-step approach, consisting of (I) comparison, (II) combination and (III) establishing priority of the methods and solutions of national, European and international law. The detailed discussion cuts across many domains, including criminal law, contract law, fundamental rights, internal market, international trade and procedure.' -- Arthur Hartkamp, Professor of European Private Law, Radboud University, Nijmegen

Author Information

Jean-Sylvestre Bergé, Professor, l’Université Nice - Côte d’Azur, France and Geneviève Helleringer, Professor, Essec Business School, Fellow of the Institute of European and Comparative law, Oxford, UK

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