Legal Systems In And For Transition
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Author | : Tom Ginsburg |
Publisher | : Robbins Collection |
Total Pages | : 238 |
Release | : 2012 |
Genre | : Justice, Administration of |
ISBN | : 9781882239207 |
Japan's legal system has entered its second decade since the adoption of the Justice System Reform Council Report in 2001, and its third decade of what have been called the Heisei reforms, after the current Imperial reign. This period has seen what must be characterized as steady restructuring of legal institutions, with the intention of producing a more responsive legal system. The most dramatic changes-those to legal education, to civil procedure, and to the criminal trial process with the introduction of the jury system-have now had several years to operate. Yet it is becoming clear that in numerous other areas of law there have been substantive changes, and that these may have significant consequences for Japanese society in the decades ahead. This volume seeks to provide a snapshot of many of these areas of legal change, and to explore how innovations are operating in practice.
Author | : Phillippe Nonet |
Publisher | : Transaction Publishers |
Total Pages | : 152 |
Release | : |
Genre | : Political Science |
ISBN | : 1412827310 |
Explains the primary forms of law as a social, political and normative phenomenon. The authors illustrate the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity.
Author | : Franziska Böhm |
Publisher | : |
Total Pages | : 27 |
Release | : 2012 |
Genre | : |
ISBN | : |
Author | : Miriam Nabinger |
Publisher | : GRIN Verlag |
Total Pages | : 22 |
Release | : 2008-02-26 |
Genre | : Law |
ISBN | : 3638011968 |
Seminar paper from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72%, Stellenbosch Universitiy (University of Stellenbosch, South Africa - Department for Private Law), course: Comparative Private Law, language: English, abstract: This paper is aimed at presenting why, in the author’s opinion, mixed legal systems are not likely to be in a transitory stage in either the Civil or Common law direction and will not end up as one of the two “classical” legal ways. Rather, they will extend their borrowing and transplanting effort and strive for the “perfect rule” among the available rules in existing Civil law just as all Common law systems do if they do not in a specific area come up with a striking and creative new solution. This awards them a great potential to serve as a role-model when harmonization and unification of law is on the agenda or when the two classical eurocentric legal families have reached stagnation and need inspiration.
Author | : Philippe Nonet |
Publisher | : Taylor & Francis |
Total Pages | : 151 |
Release | : 2017-07-12 |
Genre | : Law |
ISBN | : 1351509594 |
Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.
Author | : Erwin Chemerinsky |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : Constitutional law |
ISBN | : 9781639050444 |
"This review of the Supreme Court's October 2020 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic." --Publisher's website.
Author | : Andrea Lollini |
Publisher | : Berghahn Books |
Total Pages | : 240 |
Release | : 2011 |
Genre | : History |
ISBN | : 1845457641 |
Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.
Author | : Esin Orucu |
Publisher | : Springer |
Total Pages | : 390 |
Release | : 1996-02-13 |
Genre | : Business & Economics |
ISBN | : |
All legal systems are mixed: some more than others. There are covert mixtures and overt mixtures; stable mixtures and mixtures in transition. This book brings together a wide range of legal orders, some well known, some not so often studied. The analysis offered is far beyond a descriptive one, the general aim being to provide a basis for discussion by covering paths, methods and specific techniques, consequences and implications of legal migration. The newly emerging democracies of Eastern Europe, for example, are looking at the pool of models when re-designing their systems. Such systems in transition open up a whole new world of possibilities for research. The two final chapters on spectral jurisprudence and the conceptual search bring into focus and widen the analysis further.
Author | : Hans-Georg Heinrich |
Publisher | : Peter Lang D |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Comparative law |
ISBN | : 9783631621868 |
The modernization of the legal systems of the post-Soviet states is a paramount objective of the EU. Nevertheless, the transfer and the integration of norms of the acquis communautaire into the local legal systems have progressed at a different pace and within different scopes. This volume compares the legal systems of Russia and the 6 countries participating in the Eastern Partnership Program and assesses the status quo with special emphasis on business law.
Author | : Frederick Schauer |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : |
ISBN | : |
There is a large literature on legal transitions, mostly focusing on the allocation of the cost of legal change in areas such as taxation and the taking of property by eminent domain. Another literature looks at precedent and rules, exploring the legal system's own internal constraints on legal change. Yet there has been less attention on systemic legal change, in which entire legal systems change. When we look at systemic change, however, whether in post-colonial Africa and the Caribbean in the 1960s and 1970s, in Eastern Europe in the early 1990s, in South Africa in the mid-1990s, or in countries such as Vietnam now, it turns out that legal systemic change has often been slower and less consequential than the political and economic changes in the same societies. In searching for the causes of the comparative resistance of law to change, we find that a range of impediments including the staffing of legal systems, the disproportionate preference for stability among external forces, and the nature of legal thought produce a degree of path dependence and resistance to change that are different for legal transition than for political and economic transition.