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Vol 22 No 4 April/May 2017

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Whistleblowing: Law and Practice

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Adapting Legal Cultures

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Edited by: David Nelken, Johannes Feest

ISBN13: 9781841132914
ISBN: 1841132918
Published: November 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

Despatched in 6 to 8 days.

This collection looks at the theory and practice of legal borrowing and adaptation in different areas of the world: Europe, the USA and Latin America, South East 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 system in the Netherlands and Scandinavia? 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.

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Part 1 Theorizing legal adaptation: towards a sociology of legal adaptation, David Nelken; what ""legal transplants""?, Pierre Legrand; is there a logic of legal transplants?, Roger Cotterrell; some comments on Cotterrell and legal transplants, Lawrence Friedman; state formation and legal change - on the impact of international politics, Alex Jettinghoff; from globalization of law to law under globalization, Wolf Heydebrand.
Part 2 Case studies of legal adaptation: the still-birth and re-birth or product liability in Japan, Luke Nottage; the empty space of the modern in Japanese law discourse, Takao Tanase; comparative law and legal transplantation in South East Asia, Andrew Harding; marketization, public service and universal service, Tony Prosser; the import and export of law and legal institutions - international strategies in national palace wars, Yves Dezalay and Bryant Garth; the vultures fly east - the creation and globalization of the distressed debt market, John Flood.