Download or read book Adapting Legal Cultures written by David Nelken and published by Hart Publishing. This book was released on 2001-11 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Comparing Legal Cultures written by David Nelken and published by Routledge. This book was released on 2017-03-02 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book European Legal Cultures written by Volkmar Gessner and published by Dartmouth Publishing Company. This book was released on 1996 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Legal Culture in the Age of Globalization written by Lawrence Friedman and published by Stanford University Press. This book was released on 2003-09-09 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book European Legal Cultures in Transition written by Åse B. Grødeland and published by Cambridge University Press. This book was released on 2015-07-24 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in five European countries: England, Norway, Bulgaria, Poland and the Ukraine. Presenting new findings, they challenge the established view that ordinary citizens and people working professionally with the law have different legal cultures. Their research in fact reveals that the attitudes of citizens in Eastern and Western Europe towards 'law-in-principle' are remarkably similar, whereas perceptions of 'law-in-practice' differ by country and often correlate with GDP per capita and country ranking in rule of law indices. Grødeland and Miller's innovative methodological approach will appeal to both experts and non-experts with an interest in legal culture, European integration, or European elite and public opinion.

Download or read book Legal Culture And The Legal Profession written by Lawrence M Friedman and published by Routledge. This book was released on 2021-10-28 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Legal Culture in the United States An Introduction written by Kirk Junker and published by Routledge. This book was released on 2016-02-22 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Comparative Legal Cultures written by Henry Walter Ehrmann and published by . This book was released on 1976 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparative Legal Cultures written by Csaba Varga and published by Dartmouth Publishing Company. This book was released on 1992 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book FORMATION AND TRANSMISSION OF WESTERN LEGAL CULTURE written by and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Legal Culture of the European Court of Human Rights written by Nina-Louisa Arold and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Without understanding the legal culture of the judges a full understanding of Strasbourg's rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.

Download or read book Using Legal Culture written by David Nelken and published by Wildy, Simmonds & Hill Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Explorations in Legal Cultures druk 1 written by Freek Bruinsma and published by . This book was released on 2007 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law Culture and Society written by Roger Cotterrell and published by Routledge. This book was released on 2017-10-03 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.

Download or read book Law Culture and Ritual written by Oscar G Chase and published by NYU Press. This book was released on 2007 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons

Download or read book The Impact of European Rights on National Legal Cultures written by Miriam Aziz and published by Hart Publishing. This book was released on 2004-07 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.

Download or read book Transnational Legal Processes written by Michael Likosky and published by Cambridge University Press. This book was released on 2002-04 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work comprises 24 linked essays by leading transatlantic scholars in international law and the social sciences examining the sociolegal aspects of multi-jurisdictional legal techniques and trans-jurisdictional social phenomena. The contributors bring a range of disciplinary expertises including anthropology, economics, law and sociology to bear on key questions raised by transnational legal processes. The pieces explore legal developments in multiple territories including Africa, Asia, Latin America and the United States. The volume is designed as a general reader for courses on law and globalisation and related studies. The collection is made up of four parts, each addressing a central theme in transnational law and legal action (law-making and compliance), human rights, commerce and governance. The essays discuss such diverse problems as: the role of foreign actors in the ethnic conflicts of Kosovo and Rwanda; the power the United States and the UK wield over international capital markets; and the adaptability of existing public international law to deal with the challenges wrought by globalisation.