Legal Culture and Change
18 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

<p>Gabriel Tarde, Sir Henry Maine, and Max Weber</p> Signup and view all the answers

What is the concept that recognizes the coexistence of multiple, overlapping legal orders?

<p>Normative pluralism</p> Signup and view all the answers

What mechanism of legal change is tied to the idea of interlegality?

<p>Diffusion of law</p> Signup and view all the answers

What is the primary goal of structural adjustment and modernizing programs in reforming legal systems?

<p>To encourage foreign direct investment and move a country from a command or managerial economy to a free market system</p> Signup and view all the answers

What do comparative lawyers like Gordley and Ewald emphasize as crucial in understanding legal doctrine?

<p>Grasping the 'philosophical' underpinnings</p> Signup and view all the answers

What is the story of Gordley's account of the origins of contract doctrine?

<p>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</p> Signup and view all the answers

What is the significance of Ewald's work on the German BGB in relation to classical Roman law?

<p>It highlights the profound differences between the two legal systems</p> Signup and view all the answers

What is the relationship between the diffusion of law and the concept of interlegality?

<p>The diffusion of law involves the interaction and influence of different legal orders, which is a key aspect of interlegality</p> Signup and view all the answers

How do legal traditions influence the diffusion of law?

<p>Legal traditions influence the diffusion of law by shaping the way laws are received, adapted, and transformed in different contexts</p> Signup and view all the answers

What is an example of the influence of international law on national law, as mentioned in the text?

<p>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.</p> Signup and view all the answers

What concept is described as an 'irreducible continuum' in the text?

<p>The relationship between Islamic law and local custom.</p> Signup and view all the answers

What is the term used to describe the study of the influence of one legal system on another?

<p>Einflußforschung or 'influence research'.</p> Signup and view all the answers

What movement is mentioned in the text as adapting municipal law concepts, such as lien and equity?

<p>The Common Law Movement.</p> Signup and view all the answers

What is the term used to describe the coexistence of multiple legal orders or systems?

<p>Interlegality.</p> Signup and view all the answers

What is an example of reciprocal influence between legal systems mentioned in the text?

<p>The mutual interaction between American states, between England and Scotland, and between the United States, the United Kingdom, and Australia.</p> Signup and view all the answers

Use Quizgecko on...
Browser
Browser