6. Adapting Legal Cultures
Editors: David Nelken & Johannes Feest
2001 , 288 p. , ISBN: 9781841132914 (Hb) ; 9781841132921 (Pb)
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 "state of art" in the study of legal transfers in disputed and far from settled.
David Nelken is Professor of Sociology at the University of Macerata in Italy and Professor of Law at Cardiff University
Johannes Feest is Professor of Law at the University of Bremen