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Legal Irritants: How Unifying Law Ends up in New Divergences

Gunther Teubner

in Varieties of Capitalism: The Institutional Foundations of Comparative Advantage

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199247752
eISBN:
9780191596346
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199247757.003.0013
Subject:
Economics and Finance, Economic Systems

Recent attempts at institutional transfer of legal rules from one production regime to the other seem to produce a double irritation in the new context. As the case of transfer of continental rules ... More


Colonial Transplants

Michael D Birnhack

in Colonial Copyright: Intellectual Property in Mandate Palestine

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661138
eISBN:
9780191746147
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661138.003.0002
Subject:
Law, Legal History, Intellectual Property, IT, and Media Law

This chapter explains two of the building blocks of colonial copyright: legal transplants and colonial law. The discussion of the former provides a critical analysis of the literature on the topic. ... More


Beyond Legal Imperialism: US Clinical Legal Education and the New Law and Development

RICHARD J. WILSON

in The Global Clinical Movement: Educating Lawyers for Social Justice

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195381146
eISBN:
9780199869305
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381146.003.0009
Subject:
Law, Public International Law

This chapter explores both a brief typology for the import and export of law, and three different stages in the law and development movement. It also examines the export of US clinical legal ... More


Ten Legal Change

in Law and Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226525273
eISBN:
9780226525297
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226525297.003.0011
Subject:
Law, Company and Commercial Law

This chapter explores several important questions related to legal change, legal transplants, and legal harmonization and convergence. It begins with the simple observation that all countries ... More


A Method for Transplants

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0002
Subject:
Law, Comparative Law, Legal History

The traditional insignificance of the distinction between public and private law in England is particularly evident in the intertwined history of public and private law liability, and the ... More


A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

J.W.F. Allison

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.001.0001
Subject:
Law, Comparative Law, Legal History

The development of an autonomous English public law has been accompanied by persistent problems — a lack of systematic principles, dissatisfaction with judicial review procedure, and uncertainty ... More


Legal Transplants or Legal Patchworking? The Creation of International Criminal Law as a Pluralistic Body of Law

Cassandra Steer

in Pluralism in International Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198703198
eISBN:
9780191772498
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703198.003.0002
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter unveils a so-called ‘pluralism of origins’ as a form of intrinsic pluralism. The very nature of international criminal law (ICL) is pluralist because of the way in which it has been ... More


Legal Transplants: The Sri Lankan Experience

Ross Cranston

in How Law Works

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199292073
eISBN:
9780191700699
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199292073.003.0010
Subject:
Law, Legal Profession and Ethics

This chapter reports a story from colonial times in Sri Lanka to the present day of the transplant into that jurisdiction of credit and ... More


Interpreting Transplanted Treaty Rules

Anne-Marie Carstens

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0011
Subject:
Law, Public International Law, Constitutional and Administrative Law

Transplanted treaty rules present distinct challenges in interpreting international law. Interpreters of transplanted treaty rules often examine the source rules from which the later transplanted ... More


Introduction

Michael D Birnhack

in Colonial Copyright: Intellectual Property in Mandate Palestine

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661138
eISBN:
9780191746147
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661138.003.0001
Subject:
Law, Legal History, Intellectual Property, IT, and Media Law

The Introduction presents the conceptual framework of the book, which is colonial copyright, and explains its premises and building blocks. These are the relationship between copyright law and ... More


Law

Christian Kirchner and David Ehmke

in The Handbook of Political, Social, and Economic Transformation

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198829911
eISBN:
9780191868368
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198829911.003.0034
Subject:
Political Science, Comparative Politics

Law is an instrument as well as a product of change. This chapter investigates the role of informal and formal rules for a political, social, and/or economic transformation. The focus is on the real ... More


Lessons from the Andean Tribunal of Justice: Thirty Years as a Legal Transplant

Karen J. Alter and Laurence R. Helfer

in Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice

Published in print:
2017
Published Online:
June 2017
ISBN:
9780199680788
eISBN:
9780191760723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680788.003.0001
Subject:
Law, Public International Law, Comparative Law

This chapter highlights five broad lessons from a series of research and findings on the Andean Tribunal of Justice (ATJ) that contribute to the comparative study of international courts. The first ... More


Outwith the Law in Samoa and Tonga

Sue farran

in Gender on the Edge: Transgender, Gay, and Other Pacific Islanders

Published in print:
2014
Published Online:
November 2016
ISBN:
9780824838829
eISBN:
9780824869489
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824838829.003.0015
Subject:
Anthropology, Social and Cultural Anthropology

This chapter argues that transgender Pacific Islanders in Samoa and Tonga remain beyond or “outwith” the law in a number of ways and yet also within it when the boundaries shift. It considers certain ... More


Comparative Asian Contract Law on the Remedies for Breach of Contract: Transplant, Convergence, and Divergence

Mindy Chen-Wishart

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0017
Subject:
Law, Law of Obligations, Comparative Law

This chapter surveys all the contributions in this volume and offers some observations with reference to regional harmonization and the phenomenon of legal transplant. On the former, the points of ... More


Colonial Copyright: Intellectual Property in Mandate Palestine

Michael D. Birnhack

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661138
eISBN:
9780191746147
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661138.001.0001
Subject:
Law, Legal History, Intellectual Property, IT, and Media Law

When the British Empire enacted copyright law for its colonies, it called it colonial copyright, or imperial copyright, but it had only one kind of interest in mind: its own. This book deconstructs ... More


World Hunger, the Global Food System, and (International) Law

Anna Chadwick

in Law and the Political Economy of Hunger

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198823940
eISBN:
9780191862656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198823940.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter seeks to explain why it is that in spite of long-standing and concerted interventions to address world hunger the efforts of the international community have consistently fallen short. ... More


Scaling experimentalism: from convergence to informed divergence in transnational competition policy

Yane Svetiev

in Extending Experimentalist Governance?: The European Union and Transnational Regulation

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198724506
eISBN:
9780191792113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724506.003.0007
Subject:
Political Science, European Union, Comparative Politics

The chapter examines three processes that disclose a turn towards experimentalist governance in transnational competition policy. The first results from the growing formalization of the interactions ... More


Institutional Transfer

Hans-Jürgen Wagener

in The Handbook of Political, Social, and Economic Transformation

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198829911
eISBN:
9780191868368
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198829911.003.0054
Subject:
Political Science, Comparative Politics

This chapter examines institutional transfer, a special form of the knowledge diffusion process and an imitation of best practices that follows the model of the somewhat better-studied technology ... More


Introduction

Thomas J. McSweeney

in Priests of the Law: Roman Law and the Making of the Common Law's First Professionals

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198845454
eISBN:
9780191880643
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845454.003.0001
Subject:
Law, Legal History

A central question in the early history of the common law is how much influence Roman and canon law exerted over the common law in its first century. The debates over Roman- and canon-law influence ... More


Conclusion: An End or a Beginning?

Thomas J. McSweeney

in Priests of the Law: Roman Law and the Making of the Common Law's First Professionals

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198845454
eISBN:
9780191880643
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845454.003.0009
Subject:
Law, Legal History

The culture of textual production that these justices tried to create did not survive the thirteenth century. In the second half of the century, English legal literature became more insular in its ... More


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