Comparative Legal Cultures


Book Description




Comparing Legal Cultures


Book Description

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.




Comparative Legal Cultures


Book Description

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.




Comparing Legal Cultures


Book Description

In the present era of internationalisation of law, being able to analyse legal culture enables legal cooperation. However, legal culture is still more a theoretical concept than an analytical tool applied when approaching law. There are many kinds of legal cultures, concerning different groups of legal actors or covering different geographical areas, and they are at times overlapping. However, the national legal culture is still the one that has the largest influence on the everyday life of citizens and the day-to-day work of lawyers. In this book, the editors first theorize on and give practical guidance on how to identify, deconstruct and examine legal culture. Based on a common analytical framework, the editors and a large number of expert contributors explore central institutional and intellectual features of legal culture in 12 European countries next to USA, China and Australia allowing the reader to systematically compare legal cultures.This is the second and extended version of Comparing Legal Cultures, which is the first thorough and extensive book that analyses national legal cultures as an approach to comparative law.







Using Legal Culture


Book Description

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 offers an especially helpful set of reflections on the nature and analytical value of this concept. The studies published here broadly speaking fall into three categories: general reflections on the concept of legal culture, the use of the concept in the micro-dimensions of the engagement of law with everyday life, and legal culture as a more holistic idea employed to characterise aspects of professionally administered schemes of law and practice. The chapters are written by prominent international scholars, and given a general introduction by one the foremost researchers in the study of legal culture: Professor David Nelken. The book provides an important resource for all students and scholars with an interest in comparative legal studies, as well as for anyone interested in the relationship between law and culture.




Comparative Legal Cultures


Book Description

These essays on comparative legal cultures look at topics such as the roots and alternatives of Western legal culture, common law and civil law, variations for cultures of law, comparative legal methods, legal cultures in co-existence and conflict, and degenaration of legal cultures.




Law and Legal Culture in Comparative Perspective


Book Description

Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.




Comparative Legal Studies: Traditions and Transitions


Book Description

The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.




The Formation and Transmission of Western Legal Culture


Book Description

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.