Adapting Legal Cultures
David Nelken, Johannes Feest
Hart Publishing, 2001 - Law - 282 pages
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 globalization 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 America 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 "state of art" in the study of legal transfers is disputed and far from settled.
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argues Asahi Shimbun Asian Autopoiesis banks borrowing civil claims common law Comparative Law concept conﬂict context Cotterrell countries courts deﬁned deﬁnition Dezalay and Garth difﬁculties dispute distressed debt economic effects elite Europe European Ewald example ﬁeld ﬁnal ﬁnancial ﬁnd ﬁrst ﬁt Friedman global globalisation idea identiﬁed important Indonesia inﬂuence interests involved issues Japan Japanese Kanemi Law and Society law ﬁrms Law Review law’s lawyers legal adaptation legal change legal culture legal institutions legal pluralism legal systems legal transfers legal transplants litigation London Approach Malaysia metaphor modern modernisation Nelken networks normative Nottage Oņati organisations Oxford PL Law political problems Product Liability public service recent reﬂect reform regulation relations role rule of law signiﬁcant Singapore socio-legal sociology of law South East Asia speciﬁc success Teubner theory tion traditional trans transnational University Press victims vulture funds Watson Western
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