Explaining Legal Transplants
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Explaining Legal Transplants
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Author : Beata Kviatek
language : en
Publisher: Wolf Legal Publishers
Release Date : 2015
Explaining Legal Transplants written by Beata Kviatek and has been published by Wolf Legal Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with International and municipal law categories.
What conditions drive or impede the transfer and reception of laws and how? In other words, what is the social explanation of legal transplantation - one of the most common forms of legal change? The answers to these questions are important not only for social and legal scholars, but also for designers of legal reforms. This book presents an interdisciplinary attempt to explain the legal transplantation process by identifying conditions that shaped transplantation of EU regulatory rules to Central Eastern Europe. Based on a critical review of literature, the author developed an analytical framework for describing the pattern of legal transplantation. The comparison of general approximation in Lithuania and Poland revealed the determining importance of institutional and ideational conditions, whereas structural and psychological conditions, differently from what is often claimed in the literature, appeared to be less important. Indeed, during the early period of integration, both countries opted for American legal transplants despite growing proximity with the EU. During pre-accession institutional and ideational conditions were responsible for delay in approximation in Lithuania and progress in Poland. Analysis of transplantation of EU competition policy and state aid control rules confi rmed the importance of institutional and ideational conditions, although diff erent from sets of conditions in general approximation process. It is concluded that legal transplantation patterns are better explained by arguments relying on institutional and ideational logic, rather than on structural or psychological, and that sets of shaping conditions diff er per policy area and phase of the transfer process. [Subject: European Law, Comparative Law]
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.
Legal Transplants In East Asia And Oceania
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Author : Vito Breda
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-27
Legal Transplants In East Asia And Oceania written by Vito Breda and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-27 with Law categories.
This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.
A Strategic Interpretation Of Legal Transplants
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Author : Anthony Ogus
language : en
Publisher:
Release Date : 2006
A Strategic Interpretation Of Legal Transplants written by Anthony Ogus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
In this paper we provide a strategic explanation for the spontaneous convergence of legal rules but which nevertheless, in many instances, falls short of unification across jurisdictions. We identify a free-riding problem and discuss its implications for legal integration. We argue that countries hesitate to adapt their laws to those of another jurisdiction because they hope to free ride on efforts towards convergence. Unification (by transplant) and harmonization (by convention) of legal rules emerge as an obvious corrective intervention to a coordination failure, thus solving the free-riding problem. However, it could also be a serious policy mistake either because convergence is absent due to very high costs of importing and adjustment or due to agency costs.
Society And Legal Change 2nd Ed
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Author : Alan Watson
language : en
Publisher: Temple University Press
Release Date : 2001-08-15
Society And Legal Change 2nd Ed written by Alan Watson and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-15 with Law categories.
In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make his case, he uses examples where, in the main, "the law benefits no recognizable group or class within the society (except possibly lawyers who benefit from confusion) and is generally inconvenient or positively harmful to society as a whole or to large or powerful groups within the society." Widely respected for his "fearless challenge of the accepted or dominant view and his own encyclopedic knowledge of Roman law" (The Encyclopedia of Historians and Historical Writing), Watson considers the development of law in global terms and across the centuries. His arguments centering on how societies borrow from other legal systems and the continuity of legal systems are particularly instructive for those interested in legal development and the development of a common law for the European Union. postamble();
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
Comparative Takeover Regulation
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Author : Umakanth Varottil
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Comparative Takeover Regulation written by Umakanth Varottil and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Business & Economics categories.
Comparative Takeover Regulation compares the laws relating to takeovers in leading Asian economies and relates them to broader global developments. It is ideal for educational institutions that teach corporate law, corporate governance, and mergers and acquisitions, as well as for law firms, corporate counsel and other practitioners.
An Integrated Model Of Legal Transplantation
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Author : Jean-Frederic Morin
language : en
Publisher:
Release Date : 2013
An Integrated Model Of Legal Transplantation written by Jean-Frederic Morin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Why do some countries adopt exogenous rules into their domestic law when those laws do not align with the country's specific interests? This article draws on the policy diffusion literature to identify four causal mechanisms that are hypothesized to give rise to those transplants in the case of asymmetric interests. While the literature presents these mechanisms independently, this article argues that each works in combination with the others to facilitate legal transplantation. The empirical demonstration is based on a quantitative analysis of legal transplants in the field of intellectual property (IP), and incorporates an original index of IP protection in 121 developing countries over 14 years. Our results suggest that, while one mechanism - coercion - is instrumental in initiating the transplantation process, it fades over time and is largely supplanted by three others: contractualization, socialization and regulatory competition acting in a mutually supportive manner. This article concludes with a plea for theoretical eclecticism, acknowledging multi-causality and context-conditionality. Any comprehensive explanation of legal transplantation must include the identification of mutual reinforcement between causal mechanisms, rather than simply ranking their relative contributions.
Living Donor Organ Transplantation
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Author : Austen Garwood-Gowers
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1999
Living Donor Organ Transplantation written by Austen Garwood-Gowers and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Advances in techniques like transplantation have meant that when a person suffers a failure of one or more essential organs it is often feasible to keep them alive for years. For example, a kidney transplant will, on average, function for about a decade in its recipient. However, of the many countries widely using organ transplantation few can procure sufficient organs to meet demand. One of the consequences of this is that many people who are suitable for an organ transplant die before they can get one. Many patients awaiting a kidney transplant can access and stay alive on dialysis until a suitable organ becomes available but even here a sufficiency of organs would be beneficial because lesser reliance on dialysis would reduce healthcare costs and be better for patient quality of life.Most of the efforts to increase supply have focused on procuring more cadaveric organs. However, with shortfalls being so great, support is growing for increasing living donation (LDT) of kidney and, to a lesser extent, liver segment and even lung lobe. This invaluable book shows that in the light of current practice and attitudes increasing the use of organ LDT is feasible. It is one of the few works to systematically analyse the ethical and legal issues involved in organ LDT use in the light of empirical evidence, including new data derived from a unique programme of interviews and questionnaires with transplant professionals, living donors and recipients. Readers are led to an understanding of when LDT is ethically and legally acceptable and to the strong case for using it much more extensively.
Economic Transplants
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Author : Katja Langenbucher
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-19
Economic Transplants written by Katja Langenbucher and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-19 with Business & Economics categories.
Offers a comprehensive theory on the risks and benefits of incorporating economic theory in capital markets and corporate lawmaking.