All Outputs (7)

Universals of legal reasoning by judges: A plea for candour in decision-making (2024)
Book
Lundmark, T. (2024). Universals of legal reasoning by judges: A plea for candour in decision-making. Oxford University Press. https://doi.org/10.1093/oso/9780198785675.001.0001

Universals in Legal Reasoning by Judges explores and expounds the usage of rules to justify judicial decisions. Inspired by Savigny's canons of interpretation, and informed by the author's years of study and teaching in Germany, the book constructs a... Read More about Universals of legal reasoning by judges: A plea for candour in decision-making.

Expropriations for Climate in Germany (2024)
Book Chapter
Lundmark, T., & Herrmann, S. (2024). Expropriations for Climate in Germany. In M. Habdas, B. Hoops, E. Marais, H. Mostert, J. Sluysmans, & L. Verstappen (Eds.), Rethinking Expropriation IV : Takings for Climate Justice and Resilience. Eleven International Publishing

This chapter, co-authored with Sebastian Herrmann, explores the constitutional and statute law of Germany regarding the climate and regarding the protection of private property in light of the extensive case decisions of the German courts, with a foc... Read More about Expropriations for Climate in Germany.

Investor-state arbitration in the Sultanate of Oman: lessons to be learned from the European Union’s approach to the investment court system (2022)
Thesis
Al Badi, S. S. M. Investor-state arbitration in the Sultanate of Oman: lessons to be learned from the European Union’s approach to the investment court system. (Thesis). University of Hull. https://hull-repository.worktribe.com/output/4321282

The Sultanate of Oman strives to promote economic growth. Foreign investment is one of the most important vehicles for achieving this purpose. The Oman Vision 2040 identifies Foreign Direct Investment as the basis of future economic development. To m... Read More about Investor-state arbitration in the Sultanate of Oman: lessons to be learned from the European Union’s approach to the investment court system.

Review of Allan C. Hutchinson, "Toward an informal account of legal interpretation", New York, Cambridge University Press, 188 pages, hb, £69.99 (2017)
Journal Article
Lundmark, T. (2017). Review of Allan C. Hutchinson, "Toward an informal account of legal interpretation", New York, Cambridge University Press, 188 pages, hb, £69.99. Modern Law Review, 80(6), 1178-1183. https://doi.org/10.1111/1468-2230.12299

Book review

Using statutes and cases in common and civil law (2016)
Journal Article
Lundmark, T., & Waller, H. (2016). Using statutes and cases in common and civil law. Transnational Legal Theory, 7(4), 429-469. https://doi.org/10.1080/20414005.2016.1275590

This paper demonstrates that reasoning with statutes and reasoning with cases are actually one and the same intellectual activity. Further, the reasoning practice of the courts in Germany, California, and England and Wales is identical. This finding... Read More about Using statutes and cases in common and civil law.

Legal Science and European Harmonisation (2014)
Journal Article
Lundmark, T. (2014). Legal Science and European Harmonisation. Law Quarterly Review, 130(1), 68-82

Considers the implications of the notion of legal science, the belief held by German and other continental jurists that the law is autonomous from political, economic, social or cultural influences, for the efforts to harmonise EU law in the diverse... Read More about Legal Science and European Harmonisation.

The methodology of using precedents
Book Chapter
Lundmark, T. The methodology of using precedents.

This paper elucidates the common law doctrine of stare decisis and the methodology of using precedents, including the practice of distinguishing and overruling them.