Legal Transplants

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Legal Transplants

Author : Alan Watson
Publisher : University of Georgia Press
ISBN 13 : 082031532X
Total Pages : 141 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Legal Transplants by : Alan Watson

Download or read book Legal Transplants written by Alan Watson and published by University of Georgia Press. This book was released on 1993 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Transplants, one of the world's foremost authorities on legal history and comparative law puts forth a clear and concise statement of his controversial thesis on the way that law has developed throughout history. When it was first published in 1974, Legal Transplants sparked both praise and outrage. Alan Watson's argument challenges the long-prevailing notion that a close connection exists between the law and the society in which it operates. His main thesis is that a society's laws do not usually develop as a logical outgrowth of its own experience. Instead, he contends, the laws of one society are primarily borrowed from other societies; therefore, most law operates in a society very different from the one for which it was originally created. Utilizing a wealth of primary sources, Watson illustrates his argument with examples ranging from the ancient Near East, ancient Rome, early modern Europe, Puritan New England, and modern New Zealand. The resulting picture of the law's surprising longevity and acceptance in foreign conditions carries important implications for legal historians and sociologists. The law cannot be used as a tool to understand society, Watson believes, without a careful consideration of legal transplants. For this edition, Watson has written a new afterword in which he places his original study in the context of more recent scholarship and offers some new reflections on legal borrowings, law, and society.

Legal Transplants in East Asia and Oceania

Author : Vito Breda
Publisher : Cambridge University Press
ISBN 13 : 1108577172
Total Pages : pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Legal Transplants in East Asia and Oceania by : Vito Breda

Download or read book Legal Transplants in East Asia and Oceania written by Vito Breda and published by Cambridge University Press. This book was released on 2019-06-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.

Order from Transfer

Author : Günter Frankenberg
Publisher : Edward Elgar Publishing
ISBN 13 : 1781952116
Total Pages : 383 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Order from Transfer by : Günter Frankenberg

Download or read book Order from Transfer written by Günter Frankenberg and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.

Comparative Law and Economics

Author : Ugo Mattei
Publisher : University of Michigan Press
ISBN 13 : 9780472066490
Total Pages : 290 pages
Book Rating : 4.0/5 (664 download)

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Book Synopsis Comparative Law and Economics by : Ugo Mattei

Download or read book Comparative Law and Economics written by Ugo Mattei and published by University of Michigan Press. This book was released on 1997 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book links the study of comparative law with the study of law and economics

Transplanting International Courts

Author : Karen J. Alter
Publisher : Oxford University Press
ISBN 13 : 0191502138
Total Pages : pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Transplanting International Courts by : Karen J. Alter

Download or read book Transplanting International Courts written by Karen J. Alter and published by Oxford University Press. This book was released on 2017-04-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Transplanting International Courts provides a deep, systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual property law. Alter and Helfer explain how the Andean Tribunal established its legal authority within and beyond this intellectual property island, and how Andean judges have navigated moments of both transnational political consensus and political contestation over the goals and objectives of regional economic integration. By letting member states set the pace and scope of Andean integration, by condemning unequivocal violations of Andean rules, and by allowing for the coexistence of national legislation and supranational authority, the Tribunal has retained its fidelity to Andean law while building relationships with nationally-based administrative agencies, lawyers, and judges. Yet the Tribunal's circumspect and formalist approach means that, unlike in Europe, Community law is not an engine of integration. The Tribunal's strategy has also limited its influence within the Andean legal system. Transplanting International Courts also revists the authors' path-breaking scholarship on the effectiveness of international adjudication. Alter and Helfer argue that the European Court of Justice benefitted in underappreciated ways from the support of jurist advocacy movements that are absent or poorly organized in the Andes and elsewhere in the world. The Andean Tribunal's longevity despite these and other challenges offers guidance for international courts in other developing country contexts. Moreover, given that the Andean Community has weathered member state withdrawals and threats of exit, major economic and political crises, and the retrenchment of core policies such as the common external tariff, the Andean experience offers timely and important lessons for Europe's international courts.

Governance of Intellectual Property Rights in China and Europe

Author : Nari Lee, Niklas Bruun
Publisher : Edward Elgar Publishing
ISBN 13 : 1783478217
Total Pages : 416 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Governance of Intellectual Property Rights in China and Europe by : Nari Lee, Niklas Bruun

Download or read book Governance of Intellectual Property Rights in China and Europe written by Nari Lee, Niklas Bruun and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China. The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation. Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.

Law Out of Context

Author : Alan Watson
Publisher : University of Georgia Press
ISBN 13 : 9780820321615
Total Pages : 238 pages
Book Rating : 4.3/5 (216 download)

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Book Synopsis Law Out of Context by : Alan Watson

Download or read book Law Out of Context written by Alan Watson and published by University of Georgia Press. This book was released on 2000 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and society are closely related, though the relationship between the two is both complicated and understudied. In a world of rapidly changing people, places, and ideas, law is frequently taken out of context, often with surprising and unnecessary consequences. As societies and their structures, religious doctrines, and economies change, laws previously established often remain unchanged. Dominant nations frequently impose their own laws on weaker nations, whether or not their cultures are similar. Conquered nations, after regaining freedom, often keep their conquerors' laws by default. Law is often misrepresented in literature, and legal scholars, citizens, and businesspeople alike ignore large portions of the legislation under which they live and work. Even the American system of legal education frequently proves itself irrelevant to a proper understanding of today's laws. Alan Watson studies examples from the ancient laws of Rome and Byzantium, laws within the Christian Gospels, and policies of legal education in the modern United States to demonstrate the need for a new approach to both law and legal education. Law Out of Context illustrates that only by understanding comparative legal history and by paying more attention to changes in our society can we hope to devise consistently fair and respected laws.

The World Bank Legal Review

Author : World Bank
Publisher : World Bank Legal Review
ISBN 13 :
Total Pages : 616 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The World Bank Legal Review by : World Bank

Download or read book The World Bank Legal Review written by World Bank and published by World Bank Legal Review. This book was released on 2006 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Bank Legal Review is a publication for policy makers and their advisers, attorneys, and other professionals engaged in the field of international development. It offers a combination of legal scholarship, lessons from experience, legal developments, and recent research on the many ways in which the application of the law and the improvement of justice systems promote poverty reduction, economic development, and the rule of law. In keeping with the theme of the World Development Report 2006: Equity and Development, and following the success of the World Bank Group's Legal Forum on "Law, Equity, and Development" in December 2005, volume 2 of The World Bank Legal Review focuses on issues of equity and development. The volume draws together some of the key ideas of the Legal Forum, including articles by many of its distinguished participants, and explores the role of equity in the development process, highlighting how legal and regulatory frameworks and equitable justice systems can do much to level the playing field in the political, economic, and sociocultural domains, as well as how they can reinforce existing inequalities. Consistent with the interdisciplinary nature of this endeavour, Law, Equity and Development contains work by academics and practitioners in law, criminal justice, economics, human rights, social development, cultural studies, and anthropology.

Opportunities for Organ Donor Intervention Research

Author : National Academies of Sciences, Engineering, and Medicine
Publisher : National Academies Press
ISBN 13 : 0309464870
Total Pages : 171 pages
Book Rating : 4.3/5 (94 download)

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Book Synopsis Opportunities for Organ Donor Intervention Research by : National Academies of Sciences, Engineering, and Medicine

Download or read book Opportunities for Organ Donor Intervention Research written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2018-01-21 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The organ donation and transplantation system strives to honor the gift of donated organs by fully using those organs to save and improve the quality of the lives of their recipients. However, there are not enough donated organs to meet the demand and some donated organs may not be recovered, some recovered organs may not be transplanted, and some transplanted organs may not function adequately. Organ donor intervention research can test and assess interventions (e.g., medications, devices, and donor management protocols) to maintain or improve organ quality prior to, during, and following transplantation. The intervention is administered either while the organ is still in the deceased donor or after it is recovered from the donor but before it is transplanted into a recipient. Organ donor intervention research presents new challenges to the organ donation and transplantation community because of ethical questions about who should be considered a human subject in a research study, whose permission and oversight are needed, and how to ensure that such research does not threaten the equitable distribution of a scarce and valuable resource. Opportunities for Organ Donor Intervention Research focuses on the ethical, legal, regulatory, policy, and organizational issues relevant to the conduct of research in the United States involving deceased organ donors. This report provides recommendations for how to conduct organ donor intervention research in a manner that maintains high ethical standards, that ensures dignity and respect for deceased organ donors and their families, that provides transparency and information for transplant candidates who might receive a research organ, and that supports and sustains the public's trust in the process of organ donation and transplantation.

Roman Law & Comparative Law

Author : Alan Watson
Publisher : University of Georgia Press
ISBN 13 : 0820312614
Total Pages : 353 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Roman Law & Comparative Law by : Alan Watson

Download or read book Roman Law & Comparative Law written by Alan Watson and published by University of Georgia Press. This book was released on 1991 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.

Economic Transplants

Author : Katja Langenbucher
Publisher : Cambridge University Press
ISBN 13 : 1107081807
Total Pages : 243 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Economic Transplants by : Katja Langenbucher

Download or read book Economic Transplants written by Katja Langenbucher and published by Cambridge University Press. This book was released on 2017-10-19 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive theory on the risks and benefits of incorporating economic theory in capital markets and corporate lawmaking.

Matching Organs with Donors

Author : Marie-Andrée Jacob
Publisher : University of Pennsylvania Press
ISBN 13 : 0812206509
Total Pages : 229 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Matching Organs with Donors by : Marie-Andrée Jacob

Download or read book Matching Organs with Donors written by Marie-Andrée Jacob and published by University of Pennsylvania Press. This book was released on 2012-08-16 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the traffic in human organs stirs outrage and condemnation, donations of such material are perceived as highly ethical. In reality, the line between illicit trafficking and admirable donation is not so sharply drawn. Those entangled in the legal, social, and commercial dimensions of transplanting organs must reconcile motives, bureaucracy, and medical desperation. Matching Organs with Donors: Legality and Kinship in Transplants examines the tensions between law and practice in the world of organ transplants—and the inventive routes patients may take around the law while going through legal processes. In this sensitive ethnography, Marie-Andrée Jacob reveals the methods and mindsets of doctors, administrators, gray-sector workers, patients, donors, and sellers in Israel's living kidney transplant bureaus. Matching Organs with Donors describes how suitable matches are identified between donor and recipient using terms borrowed from definitions of kinship. Jacob presents a subtle portrait of the shifting relationships between organ donors/sellers, patients, their brokers, and hospital officials who often accept questionably obtained organs. Jacob's incisive look at the cultural landscapes of transplantation in Israel has wider implications. Matching Organs with Donors deepens our understanding of the law and management of informed consent, decision-making among hospital professionals, and the shadowy borders between altruism and commerce.

Society and Legal Change

Author : Alan Watson
Publisher : Temple University Press
ISBN 13 : 1439905916
Total Pages : 169 pages
Book Rating : 4.4/5 (399 download)

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Book Synopsis Society and Legal Change by : Alan Watson

Download or read book Society and Legal Change written by Alan Watson and published by Temple University Press. This book was released on 2001 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: A noted scholar tackles dysfunctional law.

Methods of Comparative Law

Author : P. G. Monateri
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005117
Total Pages : 339 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Methods of Comparative Law by : P. G. Monateri

Download or read book Methods of Comparative Law written by P. G. Monateri and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.

Tracing British West Indian Slavery Laws

Author : Justine K. Collins
Publisher : Routledge
ISBN 13 : 1000515672
Total Pages : 198 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Tracing British West Indian Slavery Laws by : Justine K. Collins

Download or read book Tracing British West Indian Slavery Laws written by Justine K. Collins and published by Routledge. This book was released on 2021-12-29 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a legal historical insight into colonial laws on enslavement and the plantation system in the British West Indies. The volume is a work of comparative legal history of the English-speaking Caribbean which concentrates on how the laws of England served to catalyse the slavery laws and also legislation pertaining to post-emancipation societies. The book illustrates how these “borrowed” laws from England not only developed colonial slavery laws within the English-speaking Caribbean but also inspired the slavery codes of a number of North American plantation systems. The cusp of the work focuses on the interconnectivities among the English-speaking slave holding Atlantic and how persons, free and unfree, moved throughout the system and brought laws with them which greatly affected the various enslaved societies. The book will be essential reading for students and researchers interested in colonial slavery, Caribbean studies and Black and Atlantic history.

Private Law in China and Taiwan

Author : Yun-chien Chang
Publisher : Cambridge University Press
ISBN 13 : 1107154243
Total Pages : 361 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Private Law in China and Taiwan by : Yun-chien Chang

Download or read book Private Law in China and Taiwan written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2017 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

Law and Development

Author : Frank H. Stephen
Publisher : Edward Elgar Publishing
ISBN 13 : 1784718211
Total Pages : 200 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Law and Development by : Frank H. Stephen

Download or read book Law and Development written by Frank H. Stephen and published by Edward Elgar Publishing. This book was released on 2018-01-26 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on the analytical framework of New Institutional Economics (NIE) to critically examine the role which law and the legal system play in economic development. Analytical concepts from NIE are used to assess policies which have been supported by multilateral development organisations including securing private property rights, reform of the legal system and financial development. The importance of culture in shaping the legal environment, which in turn influences financial sector development, is also assessed using Oliver Williamson’s ‘levels of social analysis’ framework.