Legal Transplants
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Legal Transplants
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Author : Alan Watson
language : en
Publisher: University of Virginia Press
Release Date : 1974
Legal Transplants written by Alan Watson and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Law categories.
A reprint of the 1974 edition (Scottish Academic Press). Highly controversial then and now, Watson's argument is that a society's laws do not usually develop from within, but are borrowed from other societies. A new (12 pp.) afterword by Watson places the study in the context of recent scholarship, and offers some new reflections. No index. Annotation copyright by Book News, Inc., Portland, OR
Legal Transplants In East Asia And Oceania
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Author : Vito Breda
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-08
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 2021-04-08 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.
Legal Transplants I Definition Record And Debates In Relation To Their Existence
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Author : Daniel Moreanu
language : en
Publisher:
Release Date : 2014
Legal Transplants I Definition Record And Debates In Relation To Their Existence written by Daniel Moreanu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
In this study, the author Daniel MOREANU, in his capacity as Lawyer, presents certain general considerations regarding the notion and the influence of the “legal transplants” over the law systems, in the general internationalization context predominating over the global market, including, but not limited to the legal field.Starting from a complete definition of this complex notion, the author examines the historical sources of the emergence and development of the notion of “legal transplants”.Noticing that there are controversies in the international legal literature regarding their existence itself, the author presents the opinions of two (2) of the most important authors in the field and further continues to examine the types of “legal transplants” identified by those who have examined this subject in a more detailed way.The taxonomy and the factors which contribute to the success of a “legal transplant” represent as well, interesting subjects and shall represent the object of a subsequent study.
Legal Transplants And European Private Law
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Author : Alan Watson (historicus)
language : en
Publisher:
Release Date : 2000
Legal Transplants And European Private Law written by Alan Watson (historicus) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Comparative law categories.
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]
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
Is There A Logic Of Legal Transplants
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Author : Roger Cotterrell
language : en
Publisher:
Release Date : 2001
Is There A Logic Of Legal Transplants written by Roger Cotterrell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with categories.
Order From Transfer
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Author : Günter Frankenberg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Order From Transfer written by Günter Frankenberg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
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.
Matching Organs With Donors
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Author : Marie-Andrée Jacob
language : en
Publisher: University of Pennsylvania Press
Release Date : 2012-08-16
Matching Organs With Donors written by Marie-Andrée Jacob and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-16 with Social Science categories.
While the traffic in human organs stirs outrage and condemnation, donations of such material are perceived as highly ethical. In reality, the line between illicit trafficking and admirable donation is not so sharply drawn. Those entangled in the legal, social, and commercial dimensions of transplanting organs must reconcile motives, bureaucracy, and medical desperation. Matching Organs with Donors: Legality and Kinship in Transplants examines the tensions between law and practice in the world of organ transplants—and the inventive routes patients may take around the law while going through legal processes. In this sensitive ethnography, Marie-Andrée Jacob reveals the methods and mindsets of doctors, administrators, gray-sector workers, patients, donors, and sellers in Israel's living kidney transplant bureaus. Matching Organs with Donors describes how suitable matches are identified between donor and recipient using terms borrowed from definitions of kinship. Jacob presents a subtle portrait of the shifting relationships between organ donors/sellers, patients, their brokers, and hospital officials who often accept questionably obtained organs. Jacob's incisive look at the cultural landscapes of transplantation in Israel has wider implications. Matching Organs with Donors deepens our understanding of the law and management of informed consent, decision-making among hospital professionals, and the shadowy borders between altruism and commerce.