Adapting Legal Cultures

Author : David Nelken,Johannes Feest
Publisher : Hart Publishing
Page : 294 pages
File Size : 43,8 Mb
Release : 2001-11
Category : Law
ISBN : 9781841132914

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Adapting Legal Cultures by David Nelken,Johannes Feest Pdf

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

Author : David Nelken
Publisher : Routledge
Page : 421 pages
File Size : 49,5 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351949965

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Comparing Legal Cultures by David Nelken Pdf

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.

Author : Henry Walter Ehrmann
Publisher : Prentice Hall
Page : 196 pages
File Size : 47,5 Mb
Release : 1976
Category : Comparative law
ISBN : UOM:49015000433830

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Comparative Legal Cultures by Henry Walter Ehrmann Pdf

Author : Volkmar Gessner,Armin Hoeland,Csaba Varga
Publisher : Dartmouth Publishing Company
Page : 600 pages
File Size : 50,7 Mb
Release : 1996
Category : Comparative law
ISBN : STANFORD:36105060468837

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European Legal Cultures by Volkmar Gessner,Armin Hoeland,Csaba Varga Pdf

This textbook aims to illuminate the context of law in Europe by exploring its various cultures. Two interpretations of legal culture are considered. Firstly, as it is used in legal philosophy and legal theory - to characterize the professional administration of the law. Secondly, the legal-sociological understanding of legal culture as the sum of conditions that impinge upon the law's development and application, whether this be the procedural methods employed by institutions, the interests and professional qualities of the legal actors, or the general legal consciousness of the public. Both interpretations of legal culture lead to an understanding of law that suggests a certain scepticism regarding the expectation that Western Europe's successfully tried and tested legal models can be quickly applied to other societies as well. Like all cultural assets, law is subject to processes of adaptation and exchange - but its exportability is limited.

Author : Kirk Junker
Publisher : Routledge
Page : 294 pages
File Size : 42,7 Mb
Release : 2016-02-22
Category : Law
ISBN : 9781317245544

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Legal Culture in the United States: An Introduction by Kirk Junker Pdf

For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an appreciation of the culture that produced them. This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book’s final chapter. Through these cultural reference frames readers are provided with a set of interpretive tools to inform their understanding of the substance and institutions of the law. With a deeper understanding of this cultural context, international students will be empowered to more quickly adapt to their studies; more comprehensively understand the role of the attorney in the U.S. system; draw comparisons with their own domestic legal systems, and ultimately become more successful in their legal careers both in the U.S. and abroad.

Author : Lawrence Friedman,Rogelio Perez-Perdomo
Publisher : Stanford University Press
Page : 548 pages
File Size : 42,5 Mb
Release : 2003-09-09
Category : Law
ISBN : 9780804766951

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Legal Culture in the Age of Globalization by Lawrence Friedman,Rogelio Perez-Perdomo Pdf

This volume of essays examines how the legal systems of the chief countries of Latin America and Mediterranean Europe—Argentina, Brazil, Chile, Colombia, Mexico, Puerto Rico, Venezuela, France, Italy, and Spain—changed in the last quarter of the 20th century. Through essays that provide a wealth of data on the courts and the legal profession in these countries, the book attempts to relate changes in the operation of the legal systems to changes in the political and social history of the societies in which they are embedded. The details vary, in accordance with the particular history and structure of the countries, but there are also key commonalities that run through all of the stories: democratization, globalization, and changes in the legal order that seem to be worldwide; more power to courts; a growing legal profession; and the entry of women into what was once a masculine club.

Author : Csaba Varga
Publisher : Dartmouth Publishing Company
Page : 614 pages
File Size : 44,5 Mb
Release : 1992
Category : Comparative law
ISBN : 185521136X

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Comparative Legal Cultures by Csaba Varga Pdf

These essays on comparative legal cultures look at topics such as the roots and alternatives of Western legal culture, common law and civil law, variations for cultures of law, comparative legal methods, legal cultures in co-existence and conflict, and degenaration of legal cultures.

Author : Henry Walter Ehrmann
Publisher : Unknown
Page : 172 pages
File Size : 42,6 Mb
Release : 1976
Category : Electronic
ISBN : LCCN:75031815

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Comparative Legal Cultures by Henry Walter Ehrmann Pdf

Author : Lawrence M Friedman
Publisher : Routledge
Page : 173 pages
File Size : 55,8 Mb
Release : 2021-10-28
Category : Social Science
ISBN : 9780429723711

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Legal Culture And The Legal Profession by Lawrence M Friedman Pdf

Distinguished scholars in law and the social sciences examine the state of American legal culture, particularly adversarial legalism, in light of the criticisms of the current anti-lawyer movement. They assess the strengths and weaknesses of this culture, its impact on the broader society, and its recent spread to other countries. The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a litigious society, in the process undermining traditional American values such as self-reliance and responsibility. In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U. S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.

Author : Freek Bruinsma,David Nelken
Publisher : Unknown
Page : 185 pages
File Size : 51,8 Mb
Release : 2007
Category : Culture and law
ISBN : 9035242238

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Explorations in Legal Cultures / druk 1 by Freek Bruinsma,David Nelken Pdf

Author : Sören Koch,Marius Mikkel Kjølstad
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2023
Category : Electronic
ISBN : 3031277473

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Handbook on Legal Cultures by Sören Koch,Marius Mikkel Kjølstad Pdf

Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 46,8 Mb
Release : 2016
Category : Electronic
ISBN : 3319455664

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FORMATION AND TRANSMISSION OF WESTERN LEGAL CULTURE. by Anonim Pdf

Author : Volkmar Gessner
Publisher : Dartmouth Publishing Company
Page : 312 pages
File Size : 54,9 Mb
Release : 1996
Category : Actions and defenses
ISBN : UOM:49015002641794

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Foreign Courts by Volkmar Gessner Pdf

Based upon empirical research, this work focuses on the structure and culture of cross-border legal interaction. It aims to describe the environment with which actors of cross-border exchanges are confronted and have to cope, and attempts to define the present and future role of domestic courts.

Author : David Nelken
Publisher : Wildy, Simmonds & Hill Publishing
Page : 0 pages
File Size : 52,9 Mb
Release : 2012
Category : Culture and law
ISBN : 0854901183

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Using Legal Culture by David Nelken Pdf

In comparative legal studies, the concept of legal culture has come to play an increasingly significant role in contemporary theorising, empirical analysis and methodological innovation. Using Legal Culture explores a number of the key issues regarding the use of this concept. The essays contained in this book were originally presented in the Journal of Comparative Law Workshop held in Venice University (Ca' Foscari) May 20-21, 2010. The papers show that legal culture is a very productive concept, and also one which carries different meanings and resonances in different places and different languages and which sometimes means different things to different scholars. This collection therefore offers an especially helpful set of reflections on the nature and analytical value of this concept. The studies published here broadly speaking fall into three categories: general reflections on the concept of legal culture, the use of the concept in the micro-dimensions of the engagement of law with everyday life, and legal culture as a more holistic idea employed to characterise aspects of professionally administered schemes of law and practice. The chapters are written by prominent international scholars, and given a general introduction by one the foremost researchers in the study of legal culture: Professor David Nelken. The book provides an important resource for all students and scholars with an interest in comparative legal studies, as well as for anyone interested in the relationship between law and culture.

Author : Johannes Feest,Erhard Blankenburg,Eric A. Feldman,International Institute for the Sociology of Law
Publisher : Unknown
Page : 226 pages
File Size : 48,9 Mb
Release : 1997
Category : Electronic
ISBN : OCLC:318166104

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Changing Legal Cultures by Johannes Feest,Erhard Blankenburg,Eric A. Feldman,International Institute for the Sociology of Law Pdf