Download Adapting Legal Cultures (Onati International Series in Law by Johannes Feest, David Nelken PDF

By Johannes Feest, David Nelken

This interesting assortment seems on the thought and perform of criminal borrowing and version in several parts of the area: Europe, the united states and Latin the US, S.E. Asia and Japan. a few of the participants specialise in basic theoretical concerns. What are criminal transplants? what's the position of the kingdom in generating socio-legal swap? What are the stipulations of profitable felony transfers? How is globalization altering those stipulations? Such difficulties also are mentioned almost about major and particular case stories. whilst and why did jap ideas of product legal responsibility come into line with these of the ecu and the us? How and why did judicial assessment come past due to the criminal structures of Holland and Scandinavia? Why is the current wave of USA-influenced criminal reforms in Latin the USA 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 disaster? The chapters during this quantity, which come with a accomplished theoretical advent, provide a variety of necessary insights whether additionally they express that the "state of paintings" within the examine of felony transfers is disputed and much from settled.

Show description

Read or Download Adapting Legal Cultures (Onati International Series in Law and Society) PDF

Similar comparative books

Achieving Market Integration: Best Execution, Fragmentation and the Free Flow of Capital (Securities Institute Global Capital Markets)

Top execution, industry integration, and different significant monetary marketplace concerns have normally been handled as separate issues requiring person suggestions. achieve industry Integration the writer demonstrates the interrelated nature of those and different vital difficulties, and sensibly reduces them to their universal primary rules.

Refugees, Asylum Seekers and the Rule of Law: Comparative Perspectives

Individuals to this quantity learn how the legislative, govt and administrative hands of presidency have replied to concerns in regards to the rights and standing of refugees and asylum seekers in 5 universal legislations jurisdictions: the united kingdom, Australia, Canada, the us and New Zealand. Who and what determines the legislative schedule during this context?

Chinese Perspectives on International Investment Law

Expanding and intensified cross-border fiscal trade similar to exchange and funding is a vital characteristic of globalization. some time past, a contrast should be made among capital uploading and exporting nations, or host and residential international locations for overseas direct funding (FDI). because of globalization, FDI is shortly made through and in either built and constructing nations.

Extra resources for Adapting Legal Cultures (Onati International Series in Law and Society)

Sample text

A metaphor which belongs in a theory which presupposes a high level of modern sub-system differentiation in the receiving society will not be appropriate for analysing transfers from first world nations to economically or politically “less developed” countries (including those of the “third world”)13. But all these are important examples of situations in which the prospects for legal transplants come to be debated. 13 If detached from Luhmann’s theory however, the metaphor of legal irritation could be fruitful, for example in exploring the possible effects of discourses of human rights on stimulating the reworking of Islamic traditions in some Arab cultures.

What evolves, is taken, imitated or imposed can range from single laws of rules, principles and procedures, to codes, constitutions, or entire legal systems. Explicit transfers may involve very different kinds of law, for example family law, criminal law, human rights law or commercial law—each of which under different circumstances may have greater or lesser difficulty in being accepted. There are likely to be important differences between, on the one hand, transferring technical “lawyers’ law” and, on the other, adapting law which is more closely identified with local cultural and national symbols.

The spread of telecommunications, easier transport, wider markets and political transformation towards neo-liberal models has meant that the world has become increasingly interdependent. There has been a change in the global financial architecture consequent on the move from Fordist, Keynesian forms of capitalist accumulation to strategies of flexible investment and outplacing. Globalisation strengthens an international division of labour in which some societies specialise in high value goods and services whilst others rely on labour intensive production or export their raw materials (Tshuma, 1999).

Download PDF sample

Rated 4.52 of 5 – based on 15 votes