Legal Transplants in East Asia and Oceania
Publisher: Cambridge University Press
Published: 2019
Language: eng
Number of pages: 320
ISBN-13: 9781108475297
Subjects: Law, asia; Oceania, history
Description: "This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law"--

"This collection of essays discusses the processes and the effects of legal transplants in a sample of legal systems located in the East Asian and Oceania regions.In particular,this book reports on a selection of the latest legal reforms that are currently reshaping institutional relations,individual rights and the protection of the environment in,among others,China,Singapore,Japan,Hong Kong,Thailand,Myanmar,Australia and a series of Pacific nations.Most of these reforms were inspired by European and North American institutional experiences; others were derived from recent economic developments imposed by international obligations,or by an increased awareness of global environmental implications of unbridled industrial policies. In discussing the farrago of rules associated with the English-Chinese trust law,it might be important to mention that Harding's narrative,as with all the analyses provided in this collection,required an assessment of the probability of the connection and the reasonableness of deductive analyses.To enhance the reader's experience,reasoned effort was made to reduce the extent of tropes that manifest such uncertainty.Thus,tiresome indicators of underlying cognitive processes such as 'in all probability' or 'it appears likely' were omitted whenever possible,yet readers should assume that such cognitive processes were carried out.Obviously,the reader's prerogative remains unaffected when pointing to a substantive,by way of caparison,to a lexical casuistry. More generally,Liljeblad's analysis of the reform of the legal profession hints at the lexical inadequacy of the term 'legal transplants'.The term is,it would be reasonable to suggest,misleading.There is,in relation to law,no horticultural or clinical term for such a transplant"--