Cart
Free US shipping over $10
Proud to be B-Corp

Courts, Codes, and Custom Dana Zartner (Assistant Professor of International Relations, Assistant Professor of International Relations, University of San Francisco)

Courts, Codes, and Custom By Dana Zartner (Assistant Professor of International Relations, Assistant Professor of International Relations, University of San Francisco)

Summary

This book explores the role of legal tradition in shaping state policy toward international human rights and environmental law. Examining the institutional and cultural characteristics within a state's legal tradition across ten case studies, the book shows the importance of domestic legal factors to understanding state policy toward international law.

Courts, Codes, and Custom Summary

Courts, Codes, and Custom: Legal Tradition and State Policy toward International Human Rights and Environmental Law by Dana Zartner (Assistant Professor of International Relations, Assistant Professor of International Relations, University of San Francisco)

Courts, Codes, and Custom addresses the question of why some states recognize and comply with international human rights and environmental law, while others do not. To address this question, Dana Zartner has developed a novel cultural-institutional theory to explain the manner in which a state's domestic legal tradition shapes policy through the process of internalization. A state's legal tradition--the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process--is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, directly and indirectly influencing state policy. The book disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. In turn it explains both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory Zartner compares case studies within five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). She addresses the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.

Courts, Codes, and Custom Reviews

"Dana Zartner has brilliantly built a bridge, using a dynamic concept of legal tradition, between the two disciplines of public international law and comparative law. Both disciplines emerge enriched from this process and legal traditions emerge as major determinants of the internalization of public international law." --H. Patrick Glenn, Peter M. Laing Professor of Law, McGill University "Dana Zartner develops a compelling account of how international law gets incorporated into domestic law, focusing on cultural and institutional differences among major legal traditions in the world (common law, civil law, Islamic law, mixed law, and Asian law). Her comparative case studies in each legal tradition (e.g. U.S. vs. Australia for common law) illustrate how variations in domestic legal traditions influence states' willingness to internalize international law in the areas of human rights and the environment. This book is essential reading for anyone seeking to understand variations across legal traditions and the interactions between domestic law and international law." --Sara McLaughlin Mitchell, Professor and Collegiate Scholar, Department of Political Science, University of Iowa

About Dana Zartner (Assistant Professor of International Relations, Assistant Professor of International Relations, University of San Francisco)

Dana Zartner is an Assistant Professor in the International Studies Program and Adjunct Professor in the School of Law at the University of San Francisco.

Table of Contents

Acknowledgements ; Chapter One: Introduction ; Chapter 2: Constructing the Cornerstone: The Role of Legal Tradition in Shaping State Policy Toward International Law ; Chapter 3: The Common Law: Legal Culture, Courts, and the Continuity of Policy in the United States and Australia ; Chapter 4: The Civil Law: History and Nationalism in Germany and Turkey ; Chapter 5: Religious Legal Traditions: The Role of Islam in Shaping Policy in Egypt and Saudi Arabia ; Chapter 6: Mixed Legal Traditions: The Impact of Custom and Colonialism in India and Kenya ; Chapter 7: East Asian Legal Tradition: Confucius, Communism, and Community in China and Japan ; Chapter 8: Conclusion ; Notes ; Bibliography ; Index

Additional information

NPB9780199362103
9780199362103
0199362106
Courts, Codes, and Custom: Legal Tradition and State Policy toward International Human Rights and Environmental Law by Dana Zartner (Assistant Professor of International Relations, Assistant Professor of International Relations, University of San Francisco)
New
Hardback
Oxford University Press Inc
2014-05-29
352
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - Courts, Codes, and Custom