Adapting legal cultures / edited by David Nelken and Johannes Feest.

Format:

Book

Contributor:

Nelken, David, editor.

Feest, Johannes, editor.

Series:

Onati international series in law and society.

Onati international series in law and society

Language:

English

Subjects (All):

Law--Mobility.

Law.

Law--Foreign influences.

Culture and law.

Physical Description:

1 online resource (294 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2001.

Language Note:

English

System Details:

Mode of access: World Wide Web.

Summary:

This exciting collection looks at the theory and practice of legal borrowing and adaptation in different areas of the world: Europe,the USA and Latin America, S.E. Asia and Japan. Many of the contributors focus on fundamental theoretical issues. What are legal transplants? What is the role of the state in producing socio-legal change? What are the conditions of successful legal transfers? How is globalisation changing these conditions? Such problems are also discussed with reference to substantive and specific case studies. When and why did Japanese rules of product liability come into line with those of the EU and the USA? How and why did judicial review come late to the legal systems of Holland and Scandinavia? Why is the present wave of USA-influenced legal reforms in Latin Amercia apparently having more success than the previous round? How does competition between the legal and accountancy professions affect patterns of bankruptcy? The chapters in this volume, which include a comprehensive theoretical introduction, offer a range of valuable insights even if they also show that the

Contents:

PART ONE: THEORISING LEGAL ADAPTATION

Introduction

1. Towards a Sociology of Legal Adaptation

David Nelken

2. What "Legal Transplants"?

Pierre Legrand

3. Is There a Logic of Legal Transplants?

Roger Cotterrell

4. Some Comments on Cotterrell and Legal Transplants

Lawrence Friedman

5. State Formation and Legal Change: On the Impact of International Politics

Alex Jettinghoff

6. From Globalisation of Law to Law under Globalisation

Wolf Heydebrand

PART TWO: CASE-STUDIES OF LEGAL ADAPTATION

7. The Still-Birth and Re-birth of Product Liability in Japan

Luke Nottage

8. The Empty Space of the Modern in Japanese Law Discourse

Takao Tanase

9. Comparative Law and Legal Transplantation in South East Asia

Andrew Harding

10. Marketisation, Public Service and Universal Service

Tony Prosser

11. The Import and Export of Law and Legal Institutions: International Strategies in National Palace Wars

Yves Dezalay and Bryant Garth

12. The Vultures Fly East: The Creation and Globalisation of the Distressed Debt Market

John Flood

Notes:

Description based upon print version of record.

Includes bibliographical references and index

ISBN:

9786610800988

9781472559166

1472559169

9781280800986

1280800984

9781847312105

1847312101

OCLC:

231831506