The Responsive Judge


Book Description

This book focuses on the changing role of judges in courts, tribunals, and other forums across a variety of jurisdictions. With contributions by international experts in judicial administration and senior judicial figures, it provides a unique comparative perspective on the role of modern judges in a rapidly evolving environment and the pressures of effective judicial administration. The chapters are sourced from a Collaborative Research Network focused on innovations in judging, and sponsored by the international Law and Society Association. The book provides essential insights and perspectives for judges, judicial officers, and administrators, allowing them to respond to the challenges of the twenty-first century. It is also a valuable resource for legal practitioners and judicial experts, shedding light on the role of the modern judge and the strategies they employ.




Judicial Decision-Making in a Globalised World


Book Description

Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.




The Globalization of Legal Education


Book Description

"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 Oxford Handbook of Business and Government


Book Description

Business is one of the major power centres in modern society. The state seeks to check and channel that power so as to serve broader public policy objectives. However, if the way in which business is governed is ineffective or over burdensome, it may become more difficult to achieve desired goals such as economic growth or higher levels of employment. In a period of international economic crisis, the study of how business and government relate to each other in different countries is of more central importance than ever. These relationships have been studied from a number of different disciplinary perspectives - business studies, economics, economic history, law, and political science - and all of these are represented in this handbook. The first part of the book provides an introduction to the ways in which five different disciplines have approached the study of business and government. The second section, on the firm and the state, looks at how these entities interact in different settings, emphasising such phenomena as the global firm and varieties of capitalism. The third section examines how business interacts with government in different parts of the world, including the United States, the EU, China, Japan and South America. The fourth section reviews changing patterns of market governance through a unifying theme of the role of regulation. Business-government relations can play out in divergent ways in different policy and the fifth section examines the contrasts between different key arenas such as competition policy, trade policy, training policy and environmental policy. The volume provides an authoritative overview with chapters by leading authorities on the current state of knowledge of business-government relations, but also points to ways in which this work might be developed in the future, e.g., through a political theory of the firm.




Judicial Reform in Taiwan


Book Description

This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.




Transnational Legal Ordering and State Change


Book Description

Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.




Judicial Responses to Climate Change in the Global South


Book Description

This book explores how judiciaries in different parts of the world are responding to climate change and how climate change intersects with the law. It offers feminist approaches to the judicial responses to climate change in the Global South, providing both jurisdictional and thematic reviews. Climate change is one of the most pressing global issues facing humankind, and is currently reshaping geopolitics, governance, law, and international relations around the world. The book’s originality lies in its endeavour to highlight judicial perspectives on climate change from prominent female researchers who have been working on this subject professionally and/or academically, bringing both regional and international views to the subject. The main objective is to give a new meaning to the study of climate change by bringing together the most recent aspects, including climate litigation, eco-constitutionalism and the environmental rule of law, climate and environmental justice, climate geopolitics and climate governance. The book will be of interest to students, academics, and scholars of climate law and environmental law around the world.




Law and Society in Korea


Book Description

ÔAs dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies, including how to understand the dynamics of legal change, the role of law in development, the nature of transitional justice, and law in the postcolonial state. Every law and society scholar should read this book.Õ Ð Tom Ginsburg, University of Chicago, US This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful. The contributors examine societal and historical conditions that are reflected in Ð or that were shaped by Ð the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society. Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.




Juries in the Japanese Legal System


Book Description

Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.