[PDF] Asian Legal Revivals eBook

Author : Yves Dezalay
Publisher : University of Chicago Press
Page : 300 pages
File Size : 14,38 MB
Release : 2010-11-15
Category : History
ISBN : 0226144631

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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.

Author : Jiaxiang Hu
Publisher : BRILL
Page : 374 pages
File Size : 30,16 MB
Release : 2017-11-27
Category : Business & Economics
ISBN : 9004349693

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Legal Education in Asia: From Imitation to Innovation is a curated collection of case studies that critically examine how conventional "transplanted" approaches to legal education are, or are on the cusp of being, redesigned across East Asia.

Author : Christoph Antons
Publisher : Routledge
Page : 661 pages
File Size : 37,3 MB
Release : 2017-07-05
Category : History
ISBN : 1351560719

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The massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.

Author : Swethaa S Ballakrishnen
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 50,15 MB
Release : 2021-02-11
Category : Law
ISBN : 150993023X

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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.

Author : Jean d'Aspremont
Publisher : Cambridge University Press
Page : 471 pages
File Size : 10,42 MB
Release : 2017-04-06
Category : Law
ISBN : 1107140390

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This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.

Author : Richard Powell
Publisher : Springer Nature
Page : 300 pages
File Size : 31,60 MB
Release : 2020-02-24
Category : Foreign Language Study
ISBN : 981151173X

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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?

Author : Grégoire Mallard
Publisher : Cambridge University Press
Page : 431 pages
File Size : 44,23 MB
Release : 2016-05-26
Category : Business & Economics
ISBN : 1107130913

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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.

Author : Nuno Garoupa
Publisher : Routledge
Page : 230 pages
File Size : 40,63 MB
Release : 2016-12-08
Category : Business & Economics
ISBN : 1315311194

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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.