Asian Legal Revivals

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Asian Legal Revivals

Author : Yves Dezalay
Publisher : University of Chicago Press
ISBN 13 : 0226144631
Total Pages : 300 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Asian Legal Revivals by : Yves Dezalay

Download or read book Asian Legal Revivals written by Yves Dezalay and published by University of Chicago Press. This book was released on 2010-11-15 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.

International Law as a Profession

Author : Jean d'Aspremont
Publisher : Cambridge University Press
ISBN 13 : 1108138683
Total Pages : 471 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis International Law as a Profession by : Jean d'Aspremont

Download or read book International Law as a Profession written by Jean d'Aspremont and published by Cambridge University Press. This book was released on 2017-04-06 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.

Language Choice in Postcolonial Law

Author : Richard Powell
Publisher : Springer Nature
ISBN 13 : 981151173X
Total Pages : 316 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Language Choice in Postcolonial Law by : Richard Powell

Download or read book Language Choice in Postcolonial Law written by Richard Powell and published by Springer Nature. This book was released on 2020-02-24 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses multilingual postcolonial common law, focusing on Malaysia’s efforts to shift the language of law from English to Malay, and weighing the pros and cons of planned language shift as a solution to language-based disadvantage before the law in jurisdictions where the majority of citizens lack proficiency in the traditional legal medium. Through analysis of legislation and policy documents, interviews with lawyers, law students and law lecturers, and observations of court proceedings and law lectures, the book reflects on what is entailed in changing the language of the law. It reviews the implications of societal bilingualism for postcolonial justice systems, and raises an important question for language planners to consider: if the language of the law is changed, what else about the law changes?

Contractual Knowledge

Author : Grégoire Mallard
Publisher : Cambridge University Press
ISBN 13 : 1107130913
Total Pages : 431 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Contractual Knowledge by : Grégoire Mallard

Download or read book Contractual Knowledge written by Grégoire Mallard and published by Cambridge University Press. This book was released on 2016-05-26 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.

Legal Origins and the Efficiency Dilemma

Author : Nuno Garoupa
Publisher : Routledge
ISBN 13 : 1315311194
Total Pages : 230 pages
Book Rating : 4.3/5 (153 download)

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Book Synopsis Legal Origins and the Efficiency Dilemma by : Nuno Garoupa

Download or read book Legal Origins and the Efficiency Dilemma written by Nuno Garoupa and published by Routledge. This book was released on 2016-12-08 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner’s 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.

Law as Reproduction and Revolution

Author : Bryant G. Garth
Publisher : Univ of California Press
ISBN 13 : 0520382722
Total Pages : 250 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Law as Reproduction and Revolution by : Bryant G. Garth

Download or read book Law as Reproduction and Revolution written by Bryant G. Garth and published by Univ of California Press. This book was released on 2021-09-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: A free open access ebook is available upon publication. Learn more at www.luminosoa.org This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with US legal education approaches geared toward those corporate law firms. This neoliberal-inspired revolution attacks complacent legal oligarchies in the name of America-inspired modernism. Drawing on the combined histories of the legal profession, imperial transformations, and the enduring and conservative role of cosmopolitan elites at the top of legal hierarchies, the book details case studies in India, Hong Kong, South Korea, Japan, and China to explain how interconnected legal histories are stories of both revolution and reproduction. Theoretically and methodologically ambitious, it offers a wholly new approach to studying interrelated fields across time and geographies.

Lawyers in 21st-Century Societies

Author : Richard L Abel
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931236
Total Pages : 704 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Lawyers in 21st-Century Societies by : Richard L Abel

Download or read book Lawyers in 21st-Century Societies written by Richard L Abel and published by Bloomsbury Publishing. This book was released on 2022-05-05 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.

The Globalization of Legal Education

Author : Bryant Garth
Publisher : Oxford University Press
ISBN 13 : 0197632319
Total Pages : 553 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis The Globalization of Legal Education by : Bryant Garth

Download or read book The Globalization of Legal Education written by Bryant Garth and published by Oxford University Press. This book was released on 2022 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Legal academics and practitioners in recent decades increasingly emphasize the so-called "globalization" of legal education. The diffusion of the Juris Doctor (JD) degree to Australia, Hong Kong, Japan and South Korea, as well as the advent of a very similar Juris Master (JM) degree in China and a shift in the late 1980s and beyond to a new, US-influenced format in India, exemplify shifts toward US legal education practices (Flood 2014). The global and Americanizing trend is evident on the web sites of law schools around the globe, with many law schools competing to be the most "global" in terms of their faculty, curricula, teaching methods, and students. Less pronounced but related to the literature on legal globalization is that on "transnationalization" and transnational processes, which is a strong component of the move toward globalization in legal education. As this book shows, if we look to see what is celebrated as part of globalized law schools and faculties, we see increased cross-border flows of professors and students, teaching of transnational legal subjects, development of particular forms of teaching practice such as legal clinics, explicit focus on transnational rankings, and transnationalized scholarly communities sharing teaching and research methods and approaches across domains of law"--

The Indian Legal Profession in the Age of Globalization

Author : David B. Wilkins
Publisher : Cambridge University Press
ISBN 13 : 110821102X
Total Pages : pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Indian Legal Profession in the Age of Globalization by : David B. Wilkins

Download or read book The Indian Legal Profession in the Age of Globalization written by David B. Wilkins and published by Cambridge University Press. This book was released on 2017-05-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.

Invisible Institutionalisms

Author : Swethaa S Ballakrishnen
Publisher : Bloomsbury Publishing
ISBN 13 : 150993023X
Total Pages : 240 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Invisible Institutionalisms by : Swethaa S Ballakrishnen

Download or read book Invisible Institutionalisms written by Swethaa S Ballakrishnen and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking its cue from theoretical and ideological calls to challenge globalisation as a dynamic of homogenisation – and resistance – as led from, and directed against, the Global North, this volume asks: what can we see when we shift the lens beyond a North–South binary? Based on empirical studies of 'frontier-zones' of legal globalisation in India, Pakistan and Latin America, the book adopts an original format. Framed as a relational dialogue between newer as well as more prominent scholars within the field, from various cores through to postcolonial academic peripheries, it questions structural variables in the shadows of legal globalisation and how we as scholars build a space for critique.

Interest Groups and the New Democracy Movement in Hong Kong

Author : Sonny Shiu-Hing Lo
Publisher : Routledge
ISBN 13 : 1134988982
Total Pages : 313 pages
Book Rating : 4.1/5 (349 download)

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Book Synopsis Interest Groups and the New Democracy Movement in Hong Kong by : Sonny Shiu-Hing Lo

Download or read book Interest Groups and the New Democracy Movement in Hong Kong written by Sonny Shiu-Hing Lo and published by Routledge. This book was released on 2017-09-13 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new era in the democracy movement in Hong Kong began on July 1, 2003, when half a million people protested on the streets, and has included the 2012 anti-National Education campaign, the 2014 Occupy Central Movement and the rapid rise of localist groups. The new democracy movement in Hong Kong is characterized by a diversity of interest groups calling for political reform, policy change and the territory’s autonomy vis-à-vis the central government in Beijing. These groups include lawyers, teachers, students, nativists, workers, Catholics, human rights activists, environmental activists and intellectuals. This book marks a new attempt at understanding the activities of the various interest groups in their quest for democratic participation, governmental responsiveness and openness. They are utilizing new and unconventional modes of political participation, such as the Occupy Central Movement, cross-class mobilization, the use of technology and cyberspace, and human rights activities with cross-boundary implications for China’s political development. The book will be useful to students, researchers, officials, diplomats and journalists interested in the political change of Hong Kong and the implications for mainland China.

The Cambridge Handbook of Comparative Law

Author : Mathias Siems
Publisher : Cambridge University Press
ISBN 13 : 1108906877
Total Pages : 1362 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Cambridge Handbook of Comparative Law by : Mathias Siems

Download or read book The Cambridge Handbook of Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2024-01-31 with total page 1362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).

Working Law

Author : Lauren B. Edelman
Publisher : University of Chicago Press
ISBN 13 : 022640093X
Total Pages : 364 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Working Law by : Lauren B. Edelman

Download or read book Working Law written by Lauren B. Edelman and published by University of Chicago Press. This book was released on 2016-11-28 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.

Sharia Transformations

Author : Michael G. Peletz
Publisher : Univ of California Press
ISBN 13 : 0520974476
Total Pages : 307 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Sharia Transformations by : Michael G. Peletz

Download or read book Sharia Transformations written by Michael G. Peletz and published by Univ of California Press. This book was released on 2020-03-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.

Everyday Law on the Street

Author : Mariana Valverde
Publisher : University of Chicago Press
ISBN 13 : 0226921891
Total Pages : 263 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis Everyday Law on the Street by : Mariana Valverde

Download or read book Everyday Law on the Street written by Mariana Valverde and published by University of Chicago Press. This book was released on 2012-10-17 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Toronto prides itself on being “the world’s most diverse city,” and its officials seek to support this diversity through programs and policies designed to promote social inclusion. Yet this progressive vision of law often falls short in practice, limited by problems inherent in the political culture itself. In Everyday Law on the Street, Mariana Valverde brings to light the often unexpected ways that the development and implementation of policies shape everyday urban life. Drawing on four years spent participating in council hearings and civic association meetings and shadowing housing inspectors and law enforcement officials as they went about their day-to-day work, Valverde reveals a telling transformation between law on the books and law on the streets. She finds, for example, that some of the democratic governing mechanisms generally applauded—public meetings, for instance—actually create disadvantages for marginalized groups, whose members are less likely to attend or articulate their concerns. As a result, both officials and citizens fail to see problems outside the point of view of their own needs and neighborhood. Taking issue with Jane Jacobs and many others, Valverde ultimately argues that Toronto and other diverse cities must reevaluate their allegiance to strictly local solutions. If urban diversity is to be truly inclusive—of tenants as well as homeowners, and recent immigrants as well as longtime residents—cities must move beyond micro-local planning and embrace a more expansive, citywide approach to planning and regulation.

Invitation to Law & Society

Author : Kitty Calavita
Publisher : University of Chicago Press
ISBN 13 : 022629661X
Total Pages : 245 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Invitation to Law & Society by : Kitty Calavita

Download or read book Invitation to Law & Society written by Kitty Calavita and published by University of Chicago Press. This book was released on 2016-04-11 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research and real-life examples that “lucidly connect some of the divisive social issues confronting us today to that thing we call ‘the law’” (Law and Politics Book Review). Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement. “Entertaining and conversational.” —Law and Social Inquiry

Regime Transition and the Judicial Politics of Enmity

Author : Justine Guichard
Publisher : Springer
ISBN 13 : 1137531576
Total Pages : 263 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Regime Transition and the Judicial Politics of Enmity by : Justine Guichard

Download or read book Regime Transition and the Judicial Politics of Enmity written by Justine Guichard and published by Springer. This book was released on 2016-04-08 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the name of national security.