Taking the interpretation of legal transfers seriously:

Gillespie, John; Nicholson, Pip

doi:10.1017/cbo9781139093576.002

Cited by 8 publications

(7 citation statements)

References 29 publications

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“…The entanglements that draw legal systems into closer contact with one another may also sharpen the distinction between them. Moreover, while legal systems may borrow elements from one another, these transfers take on a new form when they combine with the already existing legal structures of the recipient system (Englund 2006;Kurkchiyan 2009;Gillespie and Nicholson 2012;Chua 2015).…”

Section: The Transformation Of Non-state Legal Systemsmentioning

confidence: 99%

Order in the Bazaar: The Transformation of Non-state Law in Afghanistan’s Premier Money Exchange Market

Choudhury¹

2021

Law Soc. Inq.

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Based on fourteen months of ethnographic research on the central money exchange bazaar in Kabul, Afghanistan—Sarai Shahzada—this article examines the micro-dynamics of legal change within a close-knit community in a fragile setting. For most of its history, the bazaar has been governed by informal legal norms. New state-building measures after 2001 led to increased efforts by the state to regulate the bazaar, causing money exchangers to initiate internal transformations to protect their autonomy. While scholarship generally argues that state coercion substitutes for private legal norms, this study shows the centrality of the state in consolidating the bazaar legal system. Exchangers have cast their non-state legal system in the image of the state by formalizing new operating rules that have introduced a management structure and dispute resolution forum. New state licenses have also helped to safeguard the boundaries of the bazaar. This article contributes to private governance and legal pluralism scholarship by revealing that a private community, even in a fragile state, may be capable of maintaining an autonomous non-state legal system not in spite of, but rather by depending on, the state.

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Section: The Transformation Of Non-state Legal Systemsmentioning

confidence: 99%

Order in the Bazaar: The Transformation of Non-state Law in Afghanistan’s Premier Money Exchange Market

Choudhury¹

2021

Law Soc. Inq.

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“…The cost involved in emulating the Program is likely to be prohibitive for many developing countries, however, unless aid is available for scholarships. Moreover, the 'hierarchy of the exchange' taking place is an important contextual difference between the Program and programmes supported by donor legal aid (Gillespie and Nicholson 2012). The Japanese judges are going to another developed and mature legal system in Australia.…”

Section: Training For Judges: Lessons For Other Jurisdictions?mentioning

confidence: 99%

“…The Supreme Court is primarily interested in judges gaining 'soft' skills; whereas a key goal of other judicial exchange is the transfer of black letter law concepts and systems. The incursions and investigations during the Program are driven by the Japanese judges and the Supreme Court, not donors or foreign investor needs (Gillespie and Nicholson 2012).…”

Section: Training For Judges: Lessons For Other Jurisdictions?mentioning

confidence: 99%

New Frontiers in Japanese Studies

Ogawa¹,

Seaton

2020

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Over the last 70 years, Japanese Studies scholarship has gone through several dominant paradigms, from 'demystifying the Japanese', to analysis of Japanese economic strength, to discussion of global interest in Japanese popular culture. This book assesses this literature, considering future directions for research into the 2020s and beyond.Shifting the geographical emphasis of Japanese Studies away from the West to the Asia-Pacific region, this book identifies topic areas in which research focusing on Japan will play an important role in global debates in the coming years. This includes the evolution of area studies, coping with ageing populations, the various patterns of migration and environmental breakdown. With chapters from an international team of contributors, including significant representation from the Asia-Pacific region, this book enacts Yoshio Sugimoto's notion of 'cosmopolitan methodology' to discuss Japan in an interdisciplinary and transnational context and provides overviews of how Japanese Studies is evolving in other Asian countries such as China and Indonesia.New Frontiers in Japanese Studies is a thought-provoking volume and will be of great interest to students and scholars of Japanese and Asian Studies.

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“…Th e reform process refl ects broader trends in the current phase of law and economic development, while also attesting to the persistent weaknesses and bias in law reform. Our attention needs to focus on how local actors respond to and participate in law reform (Gillespie and Nicholson 2012 ), not simply focus on how legal texts have changed. I identify three trends that are evident in the business of transition in Myanmar.…”

Section: Business Mattersmentioning

confidence: 99%

The Business of Transition: Law Reform, Development and Economics in Myanmar

Crouch¹,

Harding²

2019

CSEA

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A joke was going around about the impact of development in the country since Myanmar began its controlled transition to a quasi-civilian government in 2011. Th e word for 'to develop' , 'to progress' or 'to improve' in Burmese is 'တု ိ ္ းတက'္ . Th is is made up of two words, which mean, respectively, 'to push, to advance or to go forward' and 'to climb up, to advance or to get on' . Th e joke would begin with one person commenting, 'Th e country is really developing . ' To which another person would reply, 'Yes, now you have to push to get on the bus. ' Th e play on the double-meaning of the word 'to develop' and 'to push' here is a telling sign of the illusive promise of development. Th e joke is a reference to the fact that the only thing that has changed for many people in Yangon is that the public buses are more crowded. Th is is not to mention that the traffi c on the roads is oft en at a standstill because of the dramatic increase in car imports.Th is book is oriented around the theme of the 'business of transition' . It is concerned with how to understand the 'business' that takes place in times of major political change. Th ere has been growing recognition of the commercial stakes and business activities of the rule-of-law industry (Marshall 2014: xiv). Th is book identifi es the way in which law creates new markets, law embodies hopes of social engineering and law reform is motivated by the goal of economic gain. Th is book is an invitation to think carefully and critically about the intersection between law, development and economics in times of political transition. Th is theme is one that has caused considerable angst and soul-searching in academia and public policy and amongst legal practitioners. It is hoped that by focusing on one specifi c context -Myanmar -as the latest site for law and development and rule-of-law reforms fresh insights can be gained. Th e importance of Myanmar cannot be underestimated, given its strategic location between China and India and the perception that it is the newest

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Taking the interpretation of legal transfers seriously:

Cited by 8 publications

References 29 publications

Order in the Bazaar: The Transformation of Non-state Law in Afghanistan’s Premier Money Exchange Market

Order in the Bazaar: The Transformation of Non-state Law in Afghanistan’s Premier Money Exchange Market

New Frontiers in Japanese Studies

The Business of Transition: Law Reform, Development and Economics in Myanmar

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