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Adapting Legal Cultures
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
Comparative Law
This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius comm...
Comparing Legal Cultures
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.
Using Legal Culture
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 ...
Comparative Criminal Justice
David Nelken is the 2013 laureate of the Association for Law and Society International Prize The increasingly important topic of comparative criminal justice is examined from an original and insightful perspective by David Nelken, one of the top scholars in the field. The author looks at why we should study crime and criminal justice in a comparative and international context, and the difficulties we encounter when we do. Drawing on experience of teaching and research in a variety of countries, the author offers multiple illustrations of striking differences in the roles of criminal justice actors and ways of handling crime problems. The book includes in-depth discussions of such key issues ...
The Limits of the Legal Process
This classic and pathbreaking study in the sociology of law has won multiple academic awards for its insight, clarity, and broad import in examining the UK's Rent Acts and landlord behavior over a period of time in the 1960s and 1970s. Not just a revelation of the unintended consequences of well-meaning tenant reforms--though it certainly does lay bare the bizarre side-effects of a law presented as protecting tenants from unscrupulous landlords--the book is a deeper penetration into the very notion of reform legislation, class dominance, competing interests, and the counter-use of reformist law as a weapon by those intended to be regulated. The study even questions the very notion of who rea...
Comparative Criminal Justice
The increasingly important topic of comparative criminal justice is examined from an original and insightful perspective by one of the top scholars in the field. Addressing the need for a globalized criminology, David Nelken looks at why we should study crime and criminal justice in a comparative and international context, and the difficulties we encounter when we do. Evaluating 'global' trends in crime, risk and security, the book draws upon the author’s experience of working in a number of settings around the world. A range of case studies are included to illustrate the discussion, covering areas such as white collar crime, juvenile delinquency, and organized crime.
Beyond Law in Context
This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessar...
The Futures of Criminology
A survey of the theoretical accomplishments in criminology and their viability for the future, with proposals to change ways of analyzing current developments in crime and control. This book attempts to advance criminology theoretically in the context of contemporary intellectual debates.
Contrasts in Criminal Justice: Getting from Here to There
This title was first published in 2000: This text tackles the issues raised by comparative research into criminal justice on other cultures. How far does criminal justice reflect general culture? Can collaborative research overcome the problem of translating incommensurable concepts? What are the possibilities for "virtual comparisons"? How do we tell difference? The authors, drawn from a range of countries, offer reflections on international differences in the process of trial and punishment.
