Legal evolution and hybridisation
Subtitle: the law of shares transfer in England
By: Matteo Solinas
Contributors: Maastrichts Europees Instituut voor Transnationaal Rechtswetenschappelijk Onderzoek
Series: Ius commune europaeum -- 126; Ius commune europaeum -- 126.
Publisher: Intersentia; METRO
Published: 2014
Place of publication: Cambridge, United Kingdom
Language: eng
Number of pages: 247
ISBN-13: 9781780682075
Copyright date: 2014
Subjects: Stock transfer; Law and legislation; Comparative law
Description: This is a book on comparative law and legal change. With a focus on corporate law and the law of personal property, it reviews the current state of the comparative debate on the evolution of law and seeks to establish new perspectives to explain the mechanism of legal reception. It finds the comparative discussions centred on the appropriateness of describing the movement of law from one country to another in terms of 'legal transplants' perplexing and lacking in a convincing inquiry into the reception process. In an attempt to fill that gap, this study contends that certain recent contributions on culture contact and culture change provide an interesting explanation for the circulation of juridical models across national boundaries. More precisely, this study argues that the notion of hybridity, as originated in postcolonial theory, offers a formidable conceptual means to examine the intricacies of legal evolution, to refine and to give content to the observation of the reception of law. The analysis in comparative jurisprudence put forward in this book does not rest exclusively on theoretical grounds. The complexities of the themes involved are explored and tested by focusing on a case study. This is the legal mechanism by which shares in companies are transferred in England under the direct and indirect holding systems.--
Notes: Originally presented as the author's thesis (Ph. D.)--London School of Economics and Political Science, 2011.

Includes bibliographical references (pages 225-246).

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