Unit:
Department of LawLibrary of the School of Law
Dissertation committee:
Επιβλέπουσα Καθηγήτρια: Καθηγήτρια Νομικής Σχολής ΕΚΠΑ, κα Ελένη (Ελίνα) Μουσταΐρα
Μέλος Τριμελούς Συμβουλευτικής Επιτροπής: Αναπληρώτρια Καθηγήτρια Νομικής Σχολής ΕΚΠΑ, κα Αθηνά Δημοπούλου
Μέλος Τριμελούς Συμβουλευτικής Επιτροπής: Επίκουρος Καθηγητής Νομικής Σχολής ΕΚΠΑ, κος Ανδρέας Χέλμης
Αναπληρωτής Καθηγητής Νομικής Σχολής ΕΚΠΑ, κος Φίλιππος Βασιλόγιαννης
Καθηγητής Νομικής Σχολής ΕΚΠΑ, κος Σπυρίδων Βλαχόπουλος
Αναπληρωτής Καθηγητής Νομικής Σχολής ΕΚΠΑ, κος Βασίλειος Βουτσάκης
Αναπληρώτρια Καθηγήτρια Νομικής Σχολής ΕΚΠΑ, κα Ρεβέκκα-Εμμανουέλα Παπαδοπούλου
Original Title:
Η θέση των μη κρατικών δικαίων στο Συγκριτικό Δίκαιο
Translated title:
Non-state laws in Comparative Law
Summary:
Almost all the fields of law in the West adopt the view that law are the rules of law that emanate from the state. One of the fields of law which took for granted this viewpoint was that of the Comparative law. Under its influence, Comparative law was restricted only in the comparison of state laws and excluded from its scope any other form of law. If it is accepted, as it is claimed, that the scope of investigation of Comparative law is inherently unlimited, there is presumably no doubt that its attitude was nothing but a self-imposed restriction. A redefinition of its role is thus deemed crucial. The aim of this doctoral dissertation is to restore the excluded till recently non-state laws in their place in Comparative law. But before that, it is important to seek the possible ways by which the field was led to its self-imposed restriction.
Crucial role in the self-imposed restriction of Comparative law played its theoretical framework. In the first chapter of the first part which is entitled: «Orthodox Comparative Law» are analyzed some of the theoretical choices of Comparative Law which contributed to the exclusion of non-state laws from the field of comparison. Whereas, the second chapter, which is entitled: «Nomadic Comparative Law», seeks to provide a new theoretical framework. It is claimed that its application could potentially contribute to the restoration of non-state laws in the comparisons of laws.
In the second and third parts are examined -from an historical perspective- two cases of non-state laws, which were traditionally excluded from the comparisons of laws: african indigenous laws and hindu law. Crucial period in both of the cases which are under examination was that of the colonization, because the interventions that were made in those laws during that period played a significant role in their path. This is the reason why their analysis is based on that specific historical event. More precisely, what is examined in these parts are: the traits of those laws before the colonization, the changes that were made in them during the colonization and their current forms both in the official and the unofficial realms.
It is important to note that the phrase: «non-state laws» is significantly broad. Except from the non-state laws that are inside the state, it also includes those that are outside it -supranational law (International Treaties, E.U. legislation), model laws (UNCITRAL, ICC rules), rules: lex mercatoria, lex maritima, lex petrolea, lex sportiva. It is clarified that object of this dissertation are only those non-state laws that are inside the states.
Main subject category:
Law and Legislation
Other subject categories:
Comparative law
Keywords:
non-state laws, comparative law, indigenous laws, hindu law, legal pluralism, african indigenous laws, law and literature
