Fourteen international specialists present twelve papers on the theory and practice of legal borrowing and adaptation in different areas of the world, including Europe, the U.S., Latin America, Southeast Asia and Japan. These papers were first presented at the third in a series of four workshops organized by the International Institute for the Sociology of Law (IISL) in Onati, Spain. Six theoretical chapters explore defining what legal transplants are, the role of the state in producing socio-legal change, the conditions of successful legal transfers, and the effects of globalization on these conditions. Six additional chapters provide case studies discussing the processes of legal adaptation as they affect particular regions and societies. Distributed by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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 globalization 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 America 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 "state of art" in the study of legal transfers is disputed and far from settled.
Arvustused
...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 2005 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 February 2002 The chapters in this volume offer a range of valuable insights Book Review Editor Tilburg Foreign Law Review April 2003
Part 1 Theorizing legal adaptation: towards a sociology of legal
adaptation, David Nelken; what "legal transplants"?, Pierre Legrand; is there
a logic of legal transplants?, Roger Cotterrell; some comments on Cotterrell
and legal transplants, Lawrence Friedman; state formation and legal change -
on the impact of international politics, Alex Jettinghoff; from globalization
of law to law under globalization, Wolf Heydebrand. Part 2 Case studies of
legal adaptation: the still-birth and re-birth or product liability in Japan,
Luke Nottage; the empty space of the modern in Japanese law discourse, Takao
Tanase; comparative law and legal transplantation in South East Asia, Andrew
Harding; marketization, public service and universal service, Tony Prosser;
the import and export of law and legal institutions - international
strategies in national palace wars, Yves Dezalay and Bryant Garth; the
vultures fly east - the creation and globalization of the distressed debt
market, John Flood.
David Nelken is Professor of Law at the University of Macerata in Italy. Johannes Feest is Professor of Law at the University of Bremen.
