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Legal Accents, Legal Borrowing

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A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--includi...
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  • 08 May 2011
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A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.

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Price: $39.00
Pages: 264
Publisher: Princeton University Press
Imprint: Princeton University Press
Publication Date: 08 May 2011
ISBN: 9780691150147
Format: Paperback
BISACs:

LAW / Comparative, Comparative law, SOCIAL SCIENCE / Criminology, SOCIAL SCIENCE / Customs & Traditions, Crime and criminology, Cultural studies: customs and traditions

"Nolan takes an ethnographic approach to the study of alternative courts to counter the idea that law can simply be transplanted, unchanged, from one environment to another. . . . Nolan does an excellent job of exploring how culture affects legal borrowing, and his work is of considerable value both to scholars of comparative law and to judges, lawyers, and other practitioners who deal with legal change."
James L. Nolan, Jr., is professor of sociology at Williams College. He is the author of Reinventing Justice: The American Drug Court Movement (Princeton) and The Therapeutic State: Justifying Government at Century's End.