Description - Adapting Legal Cultures by Professor David Nelken
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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(234mm x 156mm x 17mm)
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Author Biography - Professor David Nelken
David Nelken is Professor of Law at the University of Macerata in Italy. Johannes Feest is Professor of Law at the University of Bremen.