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Read e-book online Borrowing Court Systems (London-Leiden Series on Law, PDF

By Nicholson, P.

ISBN-10: 9004156313

ISBN-13: 9789004156319

ISBN-10: 9047420578

ISBN-13: 9789047420576

Drawing on felony tradition, this ebook deals an English-language analyzing of Vietnamese courtroom historical past from 1945 to the current day, together with an research of the level to which the DRVN courts (1945 - 1976) reflected or diverged from the Soviet version.

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Extra resources for Borrowing Court Systems (London-Leiden Series on Law, Administration and Development)

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99 91 92 93 94 95 96 97 98 99 Carlyle A. Thayer, 1989, p. 36. Thayer cites a 1955 USSR-DRVN trade agreement worth US$50 million. See Introduction. See Chapter 6. See Carlyle A. Thayer, 1989, pp. 35-36; Georges Boudarel, 1980, p. 145. Interviews by the author with Vietnamese jurists in Hanoi between 1995 and 1999. Ironically, this legal borrowing is not acknowledged among young Vietnamese lawyers today, although it was acknowledged among the older lawyers interviewed for this study. Those lawyers under 40 years of age all said, when asked if there was a linking of the Vietnamese legal development to that of the USSR, that they would have to ask older lawyers.

Seidman, 1972, pp. 311-342. John Henry Merryman, 1977, pp. 457-491. Merryman explicitly notes that it is comparative law and social change that may operate as a ‘favourable rubric’ to revive inquiry into the theories relevant to the best aspects of law and development: at p. 483. Comparative Law in a Post-Modern World 27 institutions and ideology; and the community’s perception of laws and their implementing agencies. An additional component of legal culture is how cultural traits, such as philosophical orientation or political ideals, inform or impact upon legal systems.

135-136; Michele Graziadei, 2003, pp. 100-127 and Lawrence Rosen, 2003, pp. 494-496. 12 This attitude to comparison is rightly problematized. 15 This assumes the interconnection between law and society in all its political, social, economic and cultural dimensions. It explicitly rejects an exclusive study of laws per se (statutes, judicial decisions) and requires a study of ‘law in action’ or ‘patterns of law’. 16 In effect, having been conceived within a broader framework, by deſnition comparative law is not limited to a process, but reƀects a philosophy that links law, state, politics and economics.

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