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Law and Development and the Global Discourses of Legal Transfers

Law and Development and the Global Discourses of Legal Transfers

  • Author:
  • Publisher: Cambridge University Press
  • ISBN: 9781107018938
  • Published In: June 2012
  • Format: Hardback , 408 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 990.00

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  • Description 
  • Contents 
  • Author 
  • Details

    This volume of essays contributes to the understanding of global law reform by questioning the assumption in law and development theory that laws fail to transfer because of shortcomings in project design and implementation. It brings together leading scholars who demonstrate that a synthesis of law and development, comparative law and regulatory perspectives (disciplines which to date have remained intellectually isolated from each other) can produce a more nuanced understanding about development failures. Arguing for a refocusing of the analysis onto the social demand for legal transfers, and drawing on empirically rich case studies, contributors explore what recipients in developing countries think about global legal reforms. This analytical focus generates insights into how key actors in developing countries understand global law reforms and how to better predict how legal reforms are likely to play out in recipient countries.

    • Proposes a recipient-focused understanding of law and development that shifts attention from the delivery of legal reform programmes to the social demand by recipients in developing countries

    • Case studies demonstrate in rich empirical detail the processes recipients follow in interpreting global legal reforms

    • Comparative analysis provides insights into the local historical and social factors that shape different interpretive practices

  • Preface
    ix
    1         Taking the interpretation of legal transfers seriously: the challenge for law and development
    John Gillespie and Pip Nicholson
    1
    Part I    Theorising legal transfers towards an interpretative analysis
    27
    2         Relocating global legal scripts in local networks of meaning
    John Gillespie
    29
    3         International and domestic selective adaptation: the case of Charter 08
    Pitman B. Potter
    56
    4         Rights and regulation as a framework for exploring reverse legal transfers: hegemony and counter-hegemony in the Bolivian water sector
    Bronwen Morgan
    82
    Part II   Re-interpreting universalised standards of practice: TRIPS and human rights norms
    119
    5         The transfer of pharmaceutical patent laws: the case of India’s paragraph 3(d)
    Christopher Arup
    121
    6         Between rhetoric and reality: the use of international human rights norms in law reform debates in China
    Sarah Biddulph
    143
    Part III  Re-interpreting the rule of law as transfer
    179
    7         Between global norms and domestic realities: judicial reforms in China
    Randall Peerenboom
    181
    8         Official discourses and court-oriented legal reform in Vietnam
    Pip Nicholson with Simon Pitt
    202
    9         Constructing law from development: cause lawyers, generational narratives, and the rule of law in Thailand
    Frank Munger
    237
    Part IV   Re-interpreting global family and religious norms
    277
    10        Family law transfers from Europe to Africa: lessons for the methodology of comparative legal research
    Mark Van Hoecke
    279
    11        Resistible force meets malleable object: the ‘introduction’ of norms of gender equality into Japanese employment practice
    Frank K. Upham
    303
    12        Discordant voices on the status of Islam under the Malaysian Constitution
    Elsa Satkunasingam
    333
    13        ‘Unpacking’ a global norm in a local context: an historical overview of the epistemic communities that are shaping zakat practice in Malaysia
    Kerstin Steiner
    356
    Index
    378
  • John Gillespie, Monash University, Victoria
    Pip Nicholson, University of Melbourne

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