Adapting legal cultures
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
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Towards a Sociology of Legal Adaptation
What Legal Transplants?
Is There a Logic of Legal Transplants?
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argues Asahi Shimbun Asian Autopoiesis banks borrowing chapter claims common law Comparative Law concept constitutional context Cotterrell countries courts Dezalay and Garth dispute distressed debt economic effects elite Europe European Ewald example French Friedman global globalisation idea important Indonesia interests involved issues Japan Japanese Journal Kanemi Law and Society Law Review law's lawyers legal adaptation legal change legal culture legal institutions legal pluralism legal rules legal systems legal transfers legal transplants Legrand litigation London Approach Malaysia means metaphor modern modernisation Nelken networks normative Nottage organisations Oxford particular perspective PL Law political problems Product Liability public service recent reform regulation regulatory relations relationships role rule of law Singapore social change socio-legal sociology of law South East Asia structural success Tanase Teubner theory tion traditional transnational University Press victims volume vulture funds Watson Western