Cross Cultural Business Law Transplants
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Cross Cultural Business Law Transplants
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Author : Julie Paquin
language : en
Publisher:
Release Date : 2015
Cross Cultural Business Law Transplants written by Julie Paquin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
At the end of the 1980s, the development community experienced a major change of direction when the structural adjustment programs formerly in vogue lost ground in favor of the “good governance” approach. In this new orthodoxy, the effective application of “efficient” laws based on Western legal models is seen as a prerequisite to economic development. One of the major questions raised by the use of legal transfers for development purposes concerns the extent of the required “fit” between the transferred models and local cultures. Cultural explanations for the “underdevelopment” of certain communities have not only persisted, but have even increased in popularity in the last fifteen to twenty years, making them impossible to discard without careful examination. This Article thus aims to present the new law and development movement and the various “culture-based” approaches with respect to transcultural legal transfers, with a view to underlining the limitations of existing research and opening new perspectives on the investigation of the relationship between law and culture in developing countries.
Transplanting Commercial Law Reform
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Author : John Gillespie
language : en
Publisher: Routledge
Release Date : 2017-03-02
Transplanting Commercial Law Reform written by John Gillespie and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Political Science categories.
The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.
Adapting Legal Cultures
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Author : David Nelken
language : en
Publisher: Hart Publishing
Release Date : 2001-11
Adapting Legal Cultures written by David Nelken and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-11 with Law categories.
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
Comparing Legal Cultures
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Author : David Nelken
language : en
Publisher: Routledge
Release Date : 2017-03-02
Comparing Legal Cultures written by David Nelken and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.
Legal Culture And Legal Transplants General Report The Processes Of Legal Acculturation A Mexican Perspective
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Author : Jorge A. Sánchez-Cordero Dávila
language : en
Publisher:
Release Date : 2012
Legal Culture And Legal Transplants General Report The Processes Of Legal Acculturation A Mexican Perspective written by Jorge A. Sánchez-Cordero Dávila and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Comparative law categories.
"The migration of legal institutions has been a recurrent phenomenon and it is highly predictable in the era of globalization that it will endure. As a consequence, the conclusions drawn from previous analysis, which asserted the purity of a legal system, have been disproved by the current state of legal systems seen around the world. These changes are what this book ponders, and it tries to stress how the movement of legal systems has been transformed by interlegality or inter-normativeness. The panopoly of analysis include in this book is a crystal clear example of how difficult it is in defining and working with such concepts. A consensus can be found that law and culture are embedded, but there is little agreement on how to determine or measure this. Culture and legal culture should be seen as something that changes and is changeable. Legal culture, like other aspects of culture, may also rest on imaginary and previously invented traditions. This is precisely the aim of this book."--
Comparative Law And Economics
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Author : Ugo Mattei
language : en
Publisher: University of Michigan Press
Release Date : 1997
Comparative Law And Economics written by Ugo Mattei and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Business & Economics categories.
The book links the study of comparative law with the study of law and economics
Commercial Law In East Asia
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Author : Roman Tomasic
language : en
Publisher: Routledge
Release Date : 2017-07-05
Commercial Law In East Asia written by Roman Tomasic and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.
International Insolvency Law
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Author : Elina Moustaira
language : en
Publisher: Springer
Release Date : 2018-12-31
International Insolvency Law written by Elina Moustaira and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-31 with Law categories.
This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries’ insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.
Legal Transplantation In Early Twentieth Century China
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Author : Michael H. K. Ng
language : en
Publisher: Routledge
Release Date : 2014-05-23
Legal Transplantation In Early Twentieth Century China written by Michael H. K. Ng and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-23 with History categories.
"Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.
Law Culture And Ritual
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Author : Oscar G Chase
language : en
Publisher: NYU Press
Release Date : 2007
Law Culture And Ritual written by Oscar G Chase and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
"Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons