Download Adapting Legal Cultures (Onati International Series in Law by Johannes Feest, David Nelken PDF

By Johannes Feest, David Nelken

This fascinating assortment seems to be on the conception and perform of felony borrowing and version in numerous components of the realm: Europe, the us and Latin the United States, S.E. Asia and Japan. a few of the members specialize in basic theoretical matters. What are criminal transplants? what's the function of the nation in generating socio-legal swap? What are the stipulations of winning criminal transfers? How is globalization altering those stipulations? Such difficulties also are mentioned on the subject of sizeable and particular case experiences. whilst and why did eastern principles of product legal responsibility come into line with these of the european and the us? How and why did judicial evaluate come overdue to the criminal structures of Holland and Scandinavia? Why is the current wave of USA-influenced criminal reforms in Latin the United States it seems that having extra good fortune than the former around? How does pageant among the criminal and accountancy professions impact styles of financial ruin? The chapters during this quantity, which come with a finished theoretical advent, supply a number priceless insights no matter if additionally they convey that the "state of paintings" within the research of criminal transfers is disputed and much from settled.

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

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The question “whose culture” finds its way into law is unavoidable. But the term “legal culture” is not an easy concept to pin down (Nelken 1995, 1997a, 2000a). It can refer to a variety of types or numbers of units—from the culture of the local courthouse, of specific types of strong and weak “community” (Cotterrell in this volume), to that of the nation State, wider cultural entities such as “Latin legal culture” (Garapon, 1995), or even “modern legal culture” (Friedman, 1994). It can, with some difficulty, also be applied to socalled “third cultures” of international trade, communication networks or other transnational processes (Gessner, 1994).

G. 16 What exactly is embraced by the terms “French legal culture” (Garapon, 1995) or “Dutch legal culture” (Bruinsma and Blankenburg, 1994)? What is being asserted if we characterise Japan as having “a culture of bureaucratic informalism” (Bernstein and Fanning, 1996)? A crucial problem here is deciding whether legal culture should be treated as an explanation or as that which is to be explained. Is legal culture that which is being adapted or as that which helps shape the process of adaptation?

Accompanying and concretising such differences, explaining and attempting to justify them, there are likely to be competing attitudes to the role of law, formal and substantive ideas of legitimacy, or the need for public participation as compared to legal autonomy. Cultures will also have different ways of combining imported and pre-existing law (Galanter, 1989; Harding in this volume). Importantly even the way science is incorporated into law varies in ways that vary by culture—for example as between the USA, Continental European countries, Scandinavia and the UK.

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