Overview

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

Full Product Details

Author:   David Nelken (King's College London, UK) ,  Johannes Feest
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Volume:   5
Dimensions:   Width: 15.60cm , Height: 1.40cm , Length: 23.40cm
Weight:   0.462kg
ISBN:  

9781841132921

ISBN 10:   1841132926
Pages:   288
Publication Date:   07 November 2001
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of 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 Introduction 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

Reviews

...brings to the forefront critical debates that demand attention in any serious comparative endeavour. Fiona Haines, University of Melbourne The Australian and New Zealand Journal of Criminology, Vol. 38, No. 1 2005 The collection of essays by Nelken and Feest makes an important contribution to both comparative law and legal sociology particularly because it does not confine itself to the classical legal systems which many comparative lawyers (like myself) have studied, and because it endeavours to create a dialogue between comparative lawyers and legal sociologists in terms of both theory and the analysis of particular legal developments. A combination of the two fields of legal scholarship presents a significant dimension to contemporary comparative law, and this collection will be a major point of reference in both fields. In the end, this book marks an important step in developing an agenda for comparative law in our contemporary world. John Bell International and Comparative Law Quarterly February 2002 The chapters in this volume offer a range of valuable insights Book Review Editor Tilburg Foreign Law Review April 2003

Author Information

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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