A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.
Originally published: 2012. First issued as an Oxford University Press paperback 2015.
... borrowing has taken place, they conclude that this has made relatively little difference in practice. By contrast ... Accents, Legal Borrowing: The International Problem-Solving Court Movement (Princeton, NJ, Princeton University Press ...
Comparative Law in the Courtroom and Classroom: The Story of the Last Thirty-Five Years, Oxford: Hart Markesinis, Basil, ... Failures of American Methods of Lawmaking in Historical and Comparative Perspectives, Cambridge: Cambridge ...
Using survey data measuring the effectiveness of the judiciary, rule of law, the absence of corruption, low risk of contract repudiation and low risk ... In fact, India's labour law 200 Elgar encyclopedia of comparative law, second edition.
I didn't go to public school and I did not to go Oxford or Cambridge, I went as a mature student to a provincial university in ... Levels of trust tended to be higher in CEE than in CIS countries' (Anderson, Bernstein and Gray 2005, pp.
... Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement (Princeton, Princeton University Press, 2011); S Whitehead, 'Innovation to Meet Local Needs' (2013) 69 Magistrate 6. 42 King et al, Non-Adversarial Justice ...
The Changing Role of Law in Japan offers a comparative perspecti
83 See eg Nicaragua, ICJ Rep 1984, p 440. 84 ILC Study on 'Fragmentation', paras 24–5. 85 ILC Study on 'Fragmentation', para 410. See also Campell McLachlan, 'The Principle of Systemic Integration and Article ...
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The Conundrum of Functionality While definitions 1, 3 and 4 seem to offer only ambiguous answers to these questions, the systems theory approach offers a sobering and quite revealing perspective on the future of law. Without reference ...