New PDF release: Adapting Legal Cultures (Onati International Series in Law

By Johannes Feest, David Nelken

ISBN-10: 1841132918

ISBN-13: 9781841132914

ISBN-10: 1847312101

ISBN-13: 9781847312105

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.

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New PDF release: Adapting Legal Cultures (Onati International Series in Law

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?

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Additional info for Adapting Legal Cultures (Onati International Series in Law and Society)

Example text

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.

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Adapting Legal Cultures (Onati International Series in Law and Society) by Johannes Feest, David Nelken


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