Borrowing Court Systems 1st Edition by Penelope Nicholson ISBN 9789004156319 by Nicholson, P. 9004156313, 9789004156319 instant download after payment.

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ISBN 13: 9789004156319
Author: Penelope Nicholson

This publication is a world first: an English-language history of the Vietnamese court system (1945 to 2005). Drawing on a resurgent interest in comparative law generally and legal culture in particular, the publication tests the usefulness of legal culture to the investigation of dynamic court systems within socialist states. It argues that the Vietnamese 'borrowing'
of the Soviet system of dispute resolution did not reproduce courts Soviet-style in Vietnam. Rather, the reading of Vietnamese courts in context reveals that while the Soviet model of court system was transplanted it was remoulded to assume Vietnamese characteristics. In explaining this divergence, the publication explores why the Vietnamese court system differs from its Soviet parent and analyses the implications of this for the ever-increasing literature on legal transplantation.

Borrowing Court Systems 1st Table of contents:

1. Introduction

2. Roots and Routes

3. Comparative Law, Transplantation and Courts

4. Comparative Law in a Post-Modern World

5. Dispute Resolution in the DRVN: 1945–1976

6. Translating the Vietnamese System of Dispute Resolution: 1945–1959

7. Vietnamese Courts Introduced: 1945–1959

8. Dispute Resolution between 1959–1976: Changing Relations between Committees and Courts

9. Courts in the Democratic Republic of Vietnam between 1959–1976: The Legislative Scheme and Centralisation

10. Courts in the Democratic Republic of Vietnam between 1959–1976: Court Culture

11. Courts of the USSR and DRVN Compared

12. The Soviet Union and Its Courts

13. Soviet Dispute Resolution

14. Similarities and Differences between the Soviet Court Model and the Vietnamese Court Experience

15. The Role of Legal Culture

16. Similarities and Differences between the Courts of the USSR and the DRVN: Unraveling the Causes

17. Parenting: The Soviet Union and Vietnam

18. Contemporary Vietnamese Courts

19. Appendices

20. Bibliography

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