Adapting Legal Cultures (Oñati International Series in Law and Society)

$57.95
by David Nelken

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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 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 “...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 “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 “The chapters in this volume offer a range of valuable insights” ―Book Review Editor, Tilburg Foreign Law Review David Nelken is Professor of Comparative and Transnational Law and past Vice-Dean for Research at King's College London, UK. Widely published in sociology of law and in criminology, he has received awards from the American Sociological Association, the American Society of Criminology, the International Sociological Association, and the (USA) Law and Society Association. He has twice been a Trustee of the LSA and Vice-President of the RSCL. Rosemary Hunter FacSS is Professor of Socio-Legal Studies and Founding Head of Law at the School of Social Sciences and Humanities at Loughborough University, UK. She is a feminist socio-legal scholar with particular interests in family law and family justice processes, judging and the judiciary, and access to justice. She has published widely on these topics in both Australia (where she began her academic career) and the UK. With Anne Barlow, she was a member of the ESRC-funded Mapping Paths to Family Justice project, which resulted in their prize-winning book, Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times (Barlow, Hunter, Smithson and Ewing, 2017). Rosemary has been the Academic Member of the Family Justice Council since 2016 and leads the Council's Domestic Abuse Working Group. She is also a member of the Private Law Working Group and the Ministry of Justice's Expert Panel on Harm in the Family Courts. She is a former Chair of the SLSA and a former Council member of JUSTICE. Johannes Feest is Professor of Law at the University of Bremen.

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