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1 Taking the interpretation of legal transfers seriously : the challenge for law and development
| Content Provider | Semantic Scholar |
|---|---|
| Author | Gillespie, John |
| Copyright Year | 2012 |
| Abstract | The legal transfer has a long history; from the Roman Empire to European colonialism, legal systems around the world have developed through legal transfers. Recently, European harmonisation projects and the reform of ‘developing’ legal systems in Asia, Eastern Europe, Africa and Latin America all presuppose the transferability of laws and legal institutions. They assume the capacity to transfer existing legal frameworks and institutions into new locations to effect legal reform. This book contributes to the understanding of law and development by challenging this assumption and proposing a shift in analysis to a greater focus on the social demand for reform. The main protagonists in the reform of developing legal systems around the globe are transnational donors, and legal transfers are their tools of trade. For example, reforms to courts and commercial codes, together with the development of property systems, draw heavily |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://assets.cambridge.org/97811070/18938/excerpt/9781107018938_excerpt.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |