By Johannes Feest, David Nelken
This intriguing assortment appears to be like on the conception and perform of felony borrowing and model in numerous components of the realm: Europe, the us and Latin the USA, S.E. Asia and Japan. a number of the individuals specialize in primary theoretical matters. What are criminal transplants? what's the position of the nation in generating socio-legal swap? What are the stipulations of winning felony transfers? How is globalization altering those stipulations? Such difficulties also are mentioned with regards to important and particular case experiences. whilst and why did eastern ideas of product legal responsibility come into line with these of the european and the us? How and why did judicial evaluate come overdue to the felony platforms of Holland and Scandinavia? Why is the current wave of USA-influenced felony reforms in Latin the US it seems that having extra good fortune than the former around? How does festival among the criminal and accountancy professions have an effect on styles of financial ruin? The chapters during this quantity, which come with a entire theoretical creation, provide quite a number invaluable insights whether additionally they convey that the "state of artwork" within the examine of felony transfers is disputed and much from settled.
Read or Download Adapting Legal Cultures (Onati International Series in Law and Society) PDF
Similar comparative books
Now in its moment version, this textbook offers a severe rethinking of the examine of comparative legislations and criminal idea in a globalising global, and proposes a brand new version. It highlights the inadequacies of present Western theoretical methods in comparative legislations, foreign legislation, criminal idea and jurisprudence, in particular for learning Asian and African legislation, arguing that they're too parochial and eurocentric to satisfy international demanding situations.
This interesting assortment seems on the idea and perform of felony borrowing and version in numerous parts of the area: Europe, america and Latin the United States, S. E. Asia and Japan. the various individuals concentrate on basic theoretical concerns. What are criminal transplants? what's the function of the nation in generating socio-legal switch?
It's extensively believed that globalization has proceeded to the element the place overseas financial linkages are as robust as these inside countries. Struck by means of examine suggesting that this conception is dramatically wrong, John Helliwell spent 3 years assessing the facts. the implications are pronounced during this publication, the most recent in Brookings' Integrating nationwide Economies sequence.
Comprehensively revised, the 3rd version of this generic textual content presents a world review of the foremost subject matters inside human geography and is a necessary textbook for undergraduate scholars taking classes in geography and similar disciplines. Features: complete color presentation brings out the energy and color of the folks and locations Re-enforced social, cultural and environmental insurance extra severe assurance and bigger forex with the newest controversies, debates and sizzling subject matters extra on key phenomena in twenty first century existence - the social creation of nature, worldwide creation networks, carrier economies and the second one worldwide shift.
- Calcium in Muscle Activation: A Comparative Approach
- The political economy of poverty, equity, and growth
- The Complementarity Regime of the International Criminal Court: National Implementation in Africa
- Networks: Legal Issues of Multilateral Co-operation (International Studies in the Theory of Private Law)
Additional info for Adapting Legal Cultures (Onati International Series in Law and Society)
Success from one point of view does not necessarily entail success from another. What we witness, when legal change does lead to social change, is a radiating set of intended and unintended outcomes. Some authors start the other way round. The likelihood of “failure” is mobilised as an argument against the credibility of deliberately pursuing legal transfers.
What of Teubner’s alternative metaphor of “legal irritants”? Teubner’s argument—the details of which will not be described here—concerns the likely fate of applying a European Union Directive to a doctrine of “good faith”, most at home in the context of German law and society, throughout the countries which make up the Union. He claims that the transplants metaphor—which he claims dominates academic debate—is misleading in two respects here: first, because it suggests that the result of transferring legal rules and institutions is either an outright success or failure, when it is more likely to be more mixed.
Dezalay and Garth (1997) argue that the role of arbitrators in Paris breaks down the national/international dichotomy. But, in other contexts, the dichotomy may still be alive. In one place the difficulties of transferring Western legal models will be attributable to the weak organisation of “civil society”; in other places it may be a result of civil society being too strong! We should not expect the same considerations to have the same effects in different situations. In particular, it is doubtful whether everything that is currently going on in the way of legal transfer can be captured by the term “globalisation” without giving this term too expansive a meaning.
Adapting Legal Cultures (Onati International Series in Law and Society) by Johannes Feest, David Nelken