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Law and Custom in Korea
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
The Spirit of Japanese Law
The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.
Comparative Law and Society
Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach...
The Politics of International Law
Politics and law appear deeply entwined in contemporary international relations. Yet existing perspectives struggle to understand the complex interplay between these aspects of international life. In this path-breaking volume, a group of leading international relations scholars and legal theorists advance a new constructivist perspective on the politics of international law. They reconceive politics as a field of human action that stands at the intersection of issues of identity, purpose, ethics, and strategy, and define law as an historically contingent institutional expression of such politics. They explain how liberal politics has conditioned modern international law and how law â€~feeds back' to constitute international relations and world politics. This new perspective on the politics of international law is illustrated through detailed case-studies of the use of force, climate change, landmines, migrant rights, the International Criminal Court, the Kosovo bombing campaign, international financial institutions, and global governance.
American Law
This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society; and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. This new edition follows the same basic structure as applied in the previous editions providing a thorough revision and reworking of the text. This edition reflects upon what has happened in the years since the second edition was published in 1998, and how these events and evolutions have shaped our fundamental comprehension of the workings of the American legal system today.
Cause Lawyering
Why do some lawyers devote themsevles to a specific social movement or political cause? What can we learn from such lawyers about the relationship between law and politics. CAUSE LAWYERING offers an insightful portrait of lawyers who sacrifice financial advantage in the name of a more just society. These telling essays show how cause lawyering is indispensable to the legitimization of professional authority.
The History and Growth of Judicial Review, Volume 2
"This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--
Japanese Law
In this clear and very readable introduction to Japanese law, J. Mark Ramseyer and Minoru Nakazato employ an economic approach to challenge commonly held ideas about the Japanese legal system. While many studies assume that Japanese law differs fundamentally from the law in the United States, this work shows the essential similarity between the two. Arguing against the idea that law plays only a trivial role in Japan or is culturally determined, the authors demonstrate that standard economic models go far to explain why Japanese law has the shape it does.
American Comparative Law
"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--
Legal Thoughts between the East and the West in the Multilevel Legal Order
This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domes...
