Adapting Legal Cultures

by Feest, Johannes; Nelken, David

• ISBN13: 9781841132921
• ISBN10: 1841132926
• Format: Paperback
• Copyright: 2001-11-01
• Publisher: Hart Publishing

Summary

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

Author Biography

Roger Cotterrell is Professor of Legal Theory at Queen Mary and Westfield College, University of London, UK Yves Dezalay is Directeur de recherches at the CNRS (Centre National de la Recherche Scientifique), Maison des Sciences de l'Homme, Paris, France Johannes Feest is Professor at the Department of Law, Universitat Bremen, Germany John Flood is Professor of Law and Sociology at the University of Westminster, UK Lawrence Friedman is Marion Rice Kirkwood Professor of Law, Stanford University Bryant G. Garth is Director and Research Fellow, American Bar Foundation, Chicago, Illinois Andrew Harding is Professor of Law, University of London, Department of Law, SOAS, UK Wolf Heydebrand is Professor at the Department of Sociology, New York University Alex Jettinghoff is Lecturer at the Faculty of Law, University of Maastricht, Holland Pierre Legrand is Professor of Law at the Universite Pantheon-Sorbonne, Paris, France David Nelken is Professor of Sociology at the Department of Social Change, Legal Institutions and Communication, Universita degli Studi di Macerata and Distinguished Research Professor of Law at Cardiff Law School Luke Nottage is Senior Lecturer at the University of Sydney, Australia Tony Prosser is John Millar Professor of Law, School of Law, University of Glasgow, Scotland Takao Tanase is Professor, Graduate School of Law, Kyoto University, Japan

Table of Contents

Contributors	p. xi
Theorising Legal Adaptation
Introduction	p. 3
Towards a Sociology of Legal Adaptation	p. 7
What "Legal Transplants"?	p. 55
Is There a Logic of Legal Transplants?	p. 70
Some Comments on Cotterrell and Legal Transplants	p. 93
State Formation and Legal Change: On the Impact of International Politics	p. 99
From Globalisation of Law to Law under Globalisation	p. 117
Case-Studies of Legal Adaptation
Introduction	p. 141
The Still-Birth and Re-birth of Product Liability in Japan	p. 147
The Empty Space of the Modern in Japanese Law Discourse	p. 187
Comparative Law and Legal Transplantation in South East Asia	p. 199
Marketisation, Public Service and Universal Service	p. 223
The Import and Export of Law and Legal Institutions: International Strategies in National Palace Wars	p. 241
The Vultures Fly East: The Creation and Globalisation of the Distressed Debt Market	p. 257
Index	p. 279
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