Law and Development and the Global Discourses of Legal Transfers

ISBN-13: 9781107018938 / Angielski / Twarda / 2012 / 408 str.

Victoria) John Gillespie (Monash University;Pip Nicholson (University of Melbourne)

Opis

Leading scholars provide a fresh theoretical look at the reasons why many legal development projects fail.

Spis treści

1. Interpreting legal transfers: the implications for law and development John Gillespie and Pip Nicholson; Part I. Theorising Legal Transfers Towards an Interpretative Analysis: 2. Relocating global legal scripts in local networks of meaning John Gillespie; 3. International and domestic selective adaptation: the case of Charter 08 Pitman Potter; 4. Rights and regulation as a framework for exploring reverse legal transfers: hegemony and counter-hegemony in the Bolivian water sector Bronwen Morgan; Part II. Re-interpreting Universalised Standards of Practice: TRIPS and Human Rights Norms: 5. The transfer of pharmaceutical patent laws: the case of India's Paragraph 3(d) Christopher Arup; 6. Between rhetoric and reality: the use of international human rights norms in law reform debates in China Sarah Biddulph; Part III. Re-interpreting the Rule of Law as Transfer: 7. Between global norms and domestic realities: judicial reforms in China Randall Peerenboom; 8. Official discourses and court-oriented legal reform in Vietnam Pip Nicholson and Simon Pitt; 9. Constructing law from development: cause lawyers, generational narratives, and the rule of law in Thailand Frank Munger; Part IV. Re-interpreting Global Family and Religious Norms: 10. Family law transfers from Europe to Africa: lessons for the methodology of comparative legal research Mark Van Hoecke; 11. Resistible force meets malleable object: the story of the 'introduction' of norms of gender equality into Japanese employment practice Frank Upham; 12. Discordant voices on the status of Islam under the Malaysian constitution Elsa Satkunasingam; 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.