Adapting Legal Cultures

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David Nelken, Johannes Feest
Hart Publishing, 2001 - Law - 282 pages
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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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Contents

Towards a Sociology of Legal Adaptation
7
What Legal Transplants?
55
Is There a Logic of Legal Transplants?
71
Some Comments on Cotterrell and Legal Transplants
93
On the Impact of International
99
From Globalisation of Law to Law under Globalisation
117
Introduction
141
The StillBirth and Rebirth of Product Liability in Japan
147
The Empty Space of the Modern in Japanese Law Discourse
187
Comparative Law and Legal Transplantation in South East Asia
199
Marketisation Public Service and Universal Service
223
The Creation and Globalisation of
257
Index
279
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About the author (2001)

David Nelken is Professor of Law at the University of Macerata in Italy.Johannes Feest is Professor of Law at the University of Bremen.

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