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Fault Lines
This pioneering collection examines tort law as a cultural phenomenon, drawing on the theories and methods of law, sociology, political science, and anthropology and comparative cases across the United States, Europe, and Asia.
International Commercial and Investor-State Arbitration
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Legitimacy, Legal Development and Change
This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like t...
Human Rights with Modesty: The Problem of Universalism
This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second secti...
Community and the Law
Takao Tanase seamlessly combines sociolegal and philosophical analysis as he explores the tensions between individual legal rights and communitarian values in settings ranging from post-divorce visitation rights to tort liability, lawyer client relationships, and rising litigation rates. Contrasting Japan with the individualistic thrust of American law, Tanase stresses the importance of building legal processes that encourage stronger social and communal bonds. Students of law and society on all continents will find rich food for thought in this intellectually bold and intriguing volume. Robert A. Kagan, University of California, Berkeley, US Takao Tanase s Community and the Law is a path br...
The Changing Role of Law in Japan
How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti
The Derivative Action in Asia
In-depth analysis of the derivative action in Asia - a critical part of Asian corporate law and governance.
The Law and Society Reader
A collection of 19 articles drawn from the Law and Society Review. Written by sociologists, legal scholars, and political scientists, the chapters are divided into sections on disputing, social control, norm creation, regulation, equality, ideology and consciousness, and the legal profession. Each chapter is followed by discussion questions, while methodological discussion and references have been pruned from the original articles for the purpose of this reader. Lacks an index. Annotation copyright by Book News, Inc., Portland, OR
Confucian Culture and Competition Law in East Asia
Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.
Encyclopedia of Law and Society
Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.
