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

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. Half Title Page 1 Half Title verso 2 Title Page 3 Title Page verso 4 Series Editors' Foreword 5 Preface 7 Contents 9 Contributors 11 Part One: Theorising Legal Adaptation 13 Introduction 15 1. Towards a Sociology of Legal Adaptation 19 I. COMPETING APPROACHES TO THE STUDY OF LEGAL TRANSFERS 19 I I. ADAPTING LEGAL CULTURES: IDENTIFYING THE ISSUES 33 I I I. WHAT MAKES A LEGAL ADAPTATION SUCCESSFUL? 47 REFERENCES 62 2. What "Legal Transplants"? 67 “LEGAL TRANSPLANT” EXPLORED 67 RULE EXAMINED 68 OBJECTIONS 69 RULE AND MEANING 69 RULE AS CULTURE 71 COMPARATIVE LEGAL STUDIES AND UNDERSTANDING 72 “LEGAL TRANSPLANTS” RECONSIDERED 72 TO RECAPITULATE 75 THE POLITICS OF “LEGAL TRANSPLANTS” 77 COMPARATIVE LEGAL STUDIES OTHERWISE 78 REFERENCES 80 3. Is There a Logic of Legal Transplants? 83 COMPARATIVE LAW AND LEGAL SOCIOLOGY 83 A LOGIC IN SEARCH OF A THEORY 86 LEGAL TRANSPLANTS AND LAW’S COMMUNITIES 92 SOME SOCIAL FRAMEWORKS OF LEGAL CHANGE 96 CONCLUSION 101 REFERENCES 102 4. Some Comments on Cotterrell and Legal Transplants 105 COTTERRELL AND THE THEORY OF COMMUNITY 108 5. State Formation and Legal Change: On the Impact of International Politics 111 INTRODUCTION 111 THE STATE AT THE INTERSECTION OF NATIONAL AND INTERNATIONAL POLITICS 112 A STATE-CENTRED PERSPECTIVE ON LAW 114 ADAPTING TO INTERNATIONAL POLITICAL INFLUENCES 117 THE STATE IN THE STUDY OF COURTS AND LITIGATION 120 THE POLITICS OF PROCEDURE 121 CONCLUSIONS 125 REFERENCES 127 6. From Globalisation of Law to Law under Globalisation 129 GLOBALISATION AND THE TRANSNATIONAL RULE OF LAW 130 COUNTERTENDENCIES: BACKLASH AND RESISTANCE 134 STRUCTURAL CORRELATES OF GLOBALISATION: DE-DIFFERENTIATION AND NETWORK FORMATION 135 CONCLUSION 141 REFERENCES 144 Part Two: Case-studies of Legal Adaptation 151 Introduction 153 7. The Still-birth and Re-birth of Product Liability in Japan 159 INTRODUCTION 159 STILL-BIRTH: THE LATE 1960S AND EARLY 1970S 161 REBIRTH: THE LATE 1980S AND THE EARLY 1990S 182 CONCLUSIONS 189 REFERENCES 192 8. The Empty Space of the Modern in Japanese Law Discourse 199 LAW’S RECEPTION AND MODERNISATION 199 HISTORICAL BACKGROUND AND LOW MOBILISATION OF LAW 202 CONSTITUTIVE ROLE OF THE LAW IN MODERNISATION 205 MODERNISATION SCHOOL 206 CONSEQUENCES OF THE ABSENCE OF THE MODERN 208 REFERENCES 210 9. Comparative Law and Legal Transplantation in South East Asia: Making Sense of the "Nomic Din" 211 INTRODUCTION 211 COMPARATIVE LAW AND SOUTH EAST ASIA 213 LEGAL TRANSPLANTATION IN THE HISTORY OF SOUTH EAST ASIA 217 SOME COMMENTS ON LEGAL CONFLICTS AND “RECEPTION” 221 RECONSTRUCTING SOUTH EAST ASIAN LEGALITY 225 CONCLUSIONS 230 REFERENCES 232 10. Marketisation, Public Service and Universal Service 235 THE ANGLO-AMERICAN TRADITION AND UNIVERSAL SERVICE 236 THE FRENCH CULTURE OF PUBLIC SERVICE 240 TRANSPLANTING CULTURES? THE ROLE OF THE EUROPEAN UNION 242 CONCLUSION 247 REFERENCES 249 11. The Import and Export of Law and Legal Institutions: International Strategies in National Palace Wars 253 SUCCESSFUL TRANSPLANTS 255 UNSUCCESSFUL TRANSPLANTS 257 COMPLICATIONS: MISTRANSLATIONS, DOUBLE AGENTS, PALACE WARS AND SELF-FULFILLING PROPHESIES 258 CONCLUSIONS 262 REFERENCES 265 12. The Vultures Fly East: the Creation and Globalisation of the Distressed Debt Market 269 THE INSOLVENCY FIELD 271 THE LONDON APPROACH 274 THE DISTRESSED DEBT MARKET 279 THE MARKET MOVES ON 283 VULTURES AND THE LONDON APPROACH 285 REFERENCES 288 Index 291 Pt. 1. Pt. 1. Pt. 1. -- David Nelken Pt. 1. -- David Nelken -- Pierre Legrand Pt. 1. -- David Nelken -- Pierre Legrand -- Roger Cotterrell Pt. 1. -- David Nelken -- Pierre Legrand -- Roger Cotterrell -- Lawrence Friedman -- State formation and legal change: on the impact of international politics / -- Alex Jettinghoff Pt. 1. -- David Nelken -- Pierre Legrand -- Roger Cotterrell -- Lawrence Friedman -- State formation and legal change: on the impact of international politics / -- Alex Jettinghoff -- Wolf Heydebrand -- Pt. 2. Pt. 1. -- David Nelken -- Pierre Legrand -- Roger Cotterrell -- Lawrence Friedman -- State formation and legal change: on the impact of international politics / -- Alex Jettinghoff -- Wolf Heydebrand -- Pt. 2. Pt. 1. -- David Nelken -- Pierre Legrand -- Roger Cotterrell -- Lawrence Friedman -- State formation and legal change: on the impact of international politics / -- Alex Jettinghoff -- Wolf Heydebrand -- Pt. 2. -- Luke Nottage Pt. 1. -- David Nelken -- Pierre Legrand -- Roger Cotterrell -- Lawrence Friedman -- State formation and legal change: on the impact of international politics / -- Alex Jettinghoff -- Wolf Heydebrand -- Pt. 2. -- Luke Nottage -- Takao Tanase Pt. 1. -- David Nelken -- Pierre Legrand -- Roger Cotterrell -- Lawrence Friedman -- State formation and legal change: on the impact of international politics / -- Alex Jettinghoff -- Wolf Heydebrand -- Pt. 2. -- Luke Nottage -- Takao Tanase -- Andrew Harding Pt. 1. -- David Nelken -- Pierre Legrand -- Roger Cotterrell -- Lawrence Friedman -- State formation and legal change: on the impact of international politics / -- Alex Jettinghoff -- Wolf Heydebrand -- Pt. 2. -- Luke Nottage -- Takao Tanase -- Andrew Harding -- Tony Prosser Pt. 1. -- David Nelken -- Pierre Legrand -- Roger Cotterrell -- Lawrence Friedman -- State formation and legal change: on the impact of international politics / -- Alex Jettinghoff -- Wolf Heydebrand -- Pt. 2. -- Luke Nottage -- Takao Tanase -- Andrew Harding -- Tony Prosser -- Yves Dezalay, Bryant Garth Pt. 1.-- David Nelken-- Pierre Legrand-- Roger Cotterrell-- Lawrence Friedman -- State formation and legal change: on the impact of international politics /-- Alex Jettinghoff-- Wolf Heydebrand-- Pt. 2.-- Luke Nottage-- Takao Tanase-- Andrew Harding-- Tony Prosser-- Yves Dezalay, Bryant Garth-- John Flood. 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. 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?

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)

Looking at the theory and practice of legal borrowing and adaptation in different areas of the world, this volume discusses legal transplants, the role of the state in producing socio-legal change and the effects of globalization