تطبیق فرهنگ حقوقی ( اوناتی سری بین المللی در قانون و جامعه ) Adapting Legal Cultures (Onati International Series in Law and Society)
- نوع فایل : کتاب
- زبان : انگلیسی
- نویسنده : David Nelken ,Johannes Feest
- چاپ و سال / کشور: 2001
- شابک / ISBN : 1841132918, 9781841132914, 9781847312105
Description
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.
