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Adapting Legal Cultures : Onati International Series in Law and Society - BLOOMSBURY ACADEMIC

Adapting Legal Cultures

Onati International Series in Law and Society

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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.

...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

Contributorsp. xi
Theorising Legal Adaptation
Introductionp. 3
Towards a Sociology of Legal Adaptationp. 7
What "Legal Transplants"?p. 55
Is There a Logic of Legal Transplants?p. 70
Some Comments on Cotterrell and Legal Transplantsp. 93
State Formation and Legal Change: On the Impact of International Politicsp. 99
From Globalisation of Law to Law under Globalisationp. 117
Case-Studies of Legal Adaptation
Introductionp. 141
The Still-Birth and Re-birth of Product Liability in Japanp. 147
The Empty Space of the Modern in Japanese Law Discoursep. 187
Comparative Law and Legal Transplantation in South East Asiap. 199
Marketisation, Public Service and Universal Servicep. 223
The Import and Export of Law and Legal Institutions: International Strategies in National Palace Warsp. 241
The Vultures Fly East: The Creation and Globalisation of the Distressed Debt Marketp. 257
Indexp. 279
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781841132921
ISBN-10: 1841132926
Series: Onati International Series in Law and Society
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 288
Published: 7th November 2001
Country of Publication: GB
Dimensions (cm): 23.3 x 15.5  x 1.9
Weight (kg): 0.46
Edition Number: 1