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Courts, Codes, and Custom - Legal Tradition and State Policy toward International Human Rights and Environmental Law (Hardcover)
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Courts, Codes, and Custom - Legal Tradition and State Policy toward International Human Rights and Environmental Law (Hardcover)
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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.
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