18 Questions
According to Wise, what context of legal culture is essential to understanding legal change?
The international dimension
What was the subject of the 1987 case that garnered significant public attention?
A dispute over burial rights between a widow and members of her late husband's Luo clan
What is a key characteristic of the literature on diffusion of law?
It does not belong to a single research tradition
Who are some of the notable scholars whose works are rooted in reception studies?
Gabriel Tarde, Sir Henry Maine, and Max Weber
What is the concept that recognizes the coexistence of multiple, overlapping legal orders?
Normative pluralism
What mechanism of legal change is tied to the idea of interlegality?
Diffusion of law
What is the primary goal of structural adjustment and modernizing programs in reforming legal systems?
To encourage foreign direct investment and move a country from a command or managerial economy to a free market system
What do comparative lawyers like Gordley and Ewald emphasize as crucial in understanding legal doctrine?
Grasping the 'philosophical' underpinnings
What is the story of Gordley's account of the origins of contract doctrine?
How the basic structure of concepts and principles of contract doctrine got cut off from its roots in neo-Thomist moral theory and became incoherent
What is the significance of Ewald's work on the German BGB in relation to classical Roman law?
It highlights the profound differences between the two legal systems
What is the relationship between the diffusion of law and the concept of interlegality?
The diffusion of law involves the interaction and influence of different legal orders, which is a key aspect of interlegality
How do legal traditions influence the diffusion of law?
Legal traditions influence the diffusion of law by shaping the way laws are received, adapted, and transformed in different contexts
What is an example of the influence of international law on national law, as mentioned in the text?
Fitzjames Stephen's use of the Indian Evidence Act as the basis for his Digest of the Law of Evidence, which was influential in training English and Commonwealth barristers.
What concept is described as an 'irreducible continuum' in the text?
The relationship between Islamic law and local custom.
What is the term used to describe the study of the influence of one legal system on another?
Einflußforschung or 'influence research'.
What movement is mentioned in the text as adapting municipal law concepts, such as lien and equity?
The Common Law Movement.
What is the term used to describe the coexistence of multiple legal orders or systems?
Interlegality.
What is an example of reciprocal influence between legal systems mentioned in the text?
The mutual interaction between American states, between England and Scotland, and between the United States, the United Kingdom, and Australia.
This quiz is about the international dimension of legal culture and its impact on legal change. It explores how legal thought evolves and the factors that influence it. Examples from real-life cases are used to illustrate the concepts.
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