The Diffusion of Law: The Movement of Laws and Norms Around the World

Author: Sue Farran; James Gallen; Jennifer Hendry; Christa; Rautenbach
Publisher: Routledge
ISBN: 9781472460400
Published In: July 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form.

This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method.

Introduction, Sue Farran and Christa Rautenbach

Infusion of the diffused: four circles of diffusion infusing the legal system of Turkey, Esin Őrücü

The diffusion of Western legal concepts in Kuwait: reflections on the state, the legal system and legal education from comparative and historical perspectives, Myra Williamson

Diffusion of Islamic law in the UK: the case of the ‘special guardianship’, Rita Duca

The Judicial Committee of the Privy Council: common law and its local variations in the Commonwealth, Pamela Martino

‘Lease, locazioni and kera’ - merging legal concepts in postcolonial Malta, David Zammit and Kurt Xerri

Legal capital is out - EEIG is cool! How the evaporation of legal capital in EU private companies might provide a revival opportunity for EEIGs, Alessio Bartolacelli

The urban diffusion of local direct democracy between Switzerland and the United States, Thomas Favre-Bulle

The ‘margin of appreciation’ in ECHR case-law as a boundary line to legal transplants, Alessandra Pera

The feature of droit commun in the Disposition Preliminaire of the Civil Code of Quebec: a clue to the bijurality of the legal system?, Biagio Andò

Law in changing circumstances: evolution of liability for succession debts in Poland, Elwira Macierzyńska-Franaszczyk

Albanian civil law and the influence of foreign laws, Juliana Latifi

‘Svěřenský fond’ (trust fund): a daring new legal transplant in Czech law, Kateřina Ronovská

Diffusing bad ideas: what the migration of the separation of powers means for comparative law, Eoin Carolan

Index.