A cosmopolitan discipline? Some implications of "globalisation" for legal education

International Journal of the Legal Profession

Volumn 8, Issue 1, 2001, Pages 23-36

  Twining, William ^a  

^a UNIVERSITY COLLEGE LONDON   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84931385602     PISSN: 09695958     EISSN: 14699257     Source Type: Journal    
DOI: 10.1080/09695950120103163     Document Type: Note

References (37)

1. Twining, W., Cosmopolitan legal studies. International Journal of the Legal Profession, This paper was delivered at the W. G. Hart Workshop in London in July 2001. It is a sequel to a paper delivered at the American Bar Association Conference in London in July, 2000, forthcoming). Owing to the quirks of publishing, the sequel is published earlier than the original paper
2. Twining, W., 1997. Lato in Context: Enlarging a Discipline, Oxford: Oxford University Press. Especially in
3. Twining, W., 2000. Globalisation and Legal Theory, London: Butterworth. (hereafter, LIC)
4. Harvey, David. 2000. Cosmopolitanism and the banality of geographical evils. Public Culture, 12: 529
5. Hirst, Paul, and Thompson, Grahame. 1996. Globalization in Question, Cambridge: Pluto Press.
6. 2000. Symposium: Baseball in the global era: economic, legal and cultural perspectives. Indiana Journal of Global Legal Studies, 8(1)
7. 1995. Boaventura de Sousa Santos, Toward a New Common Sense, London: Routledge. Cf. the recent Marxist interpretation by
8. GLT, Ch. 6.
9. Crystal, David. 1995. Cambridge Encyclopedia of the English Language, Cambridge: Cambridge University Press. On die difficulties of making estimates, see What percentage of the world's population understands die language(s) of their own state courts or die official language(s) of state law?
10. Gordley, James. 1993. The Philosophical Foundations of Modern Contract Doctrine, 1Oxford: Oxford University Press.
11. Feinerman, James V., 1994. “ Legal institution, administrative device or foreign import: die roles of contract in die People's Republic of China ”. In Domestic Law Reforms in Post-Mao China, Edited by: Potter, Pitman B., New York: M. E. Sharpe. The story of die legislative process culminating in the Unified Contract Law of 1999 was long and complex. Some accounts treat die end-product as a compromise between die ideology of the managerial state and free market capitalism and between foreign legal forms and Chinese legal cultures (both official and popular). See
12. Twining, W., The Great Juristic Bazaar, Aldershot: Ashgate. (hereafter GLT), forthcoming in 2002). The main themes are further elaborated in the Warwick-Tilburg Lectures on "General Jurisprudence", 2000 (hereafter Tilburg I-IV
13. Hardt, Michael, and Negri, Antonio. 2000. Empire, Cambridge, Mass.: Harvard University Press.
14. Potter, Pitman B., 2000. Contract Lam in the People 's Republic of China: Foreign Legal Forms and Local Legal Culture, UBC.
15. On die pitfalls of using hypothetical cases in cross-cultural contexts see: Twining, The camel in die zoo, LIC, Ch. 2.
16. Schlesinger, R., 1988. Comparative Lato, 309–310. Foundation Press. Watson provided a useful précis of his views for
17. Watson, Alan. 2000. Legal Transplants and European Private Law, Maastricht: Metro. He significantly glosses his position in replying to Legrand, see lus Commune Lectures
18. Ewald, William. 1995. The logic of legal transplants. American Journal of Comparative Law, 43: 489 For a useful analysis of his positions up to 1995, see
19. Lande, Ole, and Beale, Hugh, eds. 1999. The Principles of European Contract Law: Part I: Performance, Non-Performance and Remedies, Dordrecht: Martinus Nijhoff. There have been three Lando commissions, see especially
20. Twining, William. 1994. Blackstone's Tower, 132–135. London: Sweet and Maxwell. On the American Law Institute, see
21. Lando, Ole. 1997. Why codify die European law of contract?. European Review of Private Law, 5: 525 For an interesting account see
22. Radzinowicz, Leon. 1957. Sir James Fitzjames Stephen, London: Seiden Society. Cf. Leon Radzinowicz's description of Stephen's Digest of the Law of Evidence: "… in a truly Benthamite spirit [he] embarked upon the business of codification as a private enterprise"
23. Merryman, J., 2000. American Journal of Comparative Law, 48: 713717–20. See Tilburg II
24. Twining, William. 1998. Thinking about law schools. Journal of the Law Society, 25(1): 1–3. See further
25. Barcello, J., III and Cramton, R., eds. 1999. Lawyers' Practice and Ideals: A Comparative View, The Hague: Kluwer International.
26. Friedman, Lawrence. 1989. Yale Law Journal,: 15791588
27. 1991. The New York Times, 14 August Vice President Dan Quayle, Speech to the American Bar Association, reported in
28. Galanter, Marc. 1992. The Debased Debate on Civil Justice, Processing Research Papers, No. 10 University of Wisconsin Dispute. Quayle asserted that the USA had 70% of the world's lawyers. There was an extended controversy. The best critique was by
29. Galanter, M., 1998. Oil strike in hell: contemporary legends about the civil justice system. Arizona Lato Review, 40: 717734–737.
30. 1992. Symposium: Do lawyers impair economic growth?. Law and Social Inquiry, 17(4) (contributions by Epp, Magee, Gilson, Kefer, Cross, and Sander). Several of the commentators agreed with the view that the debate was "debased", that the international data are weak, and that cultural differences make it virtually impossible to correlate lawyer population with economic growth transnationally (see e.g. the article by Cross, p. 654). However, even those who recognised the ambiguity of the word "lawyer" did not escape from using the term
31. Legrand, Pierre. 1999. Fragments on Law-as-Culture, Deventer: Willink. Legrand claims depth and attacks his opponents as superficial, see, for example, Ch. 1
32. Abel, Richard. 1973. Law books and books about law. Stanford Law Review, 26: 175 The course had its limitations, cf. Richard Abel's criticisms of Rheinstein's approach in respect of family law
33. Simon, H., 1989. Models of Thought, Vol. II, 278New Haven: Yale University Press. discussed in LIC, pp. 334-335
34. Twining, William. 1994. Rethinking Evidence, 7481–82. Evanston: Northwestern UP. Twining (Cosmopolitan legal studies), op. cit. and
35. Hyland, Richard. 1996. “ Comparative law ”. In A Companion to Legal Philosophy and Legal Theory, Edited by: Patterson, Dennis. Oxford: Blackwell. On "difference theorists" see, Ch. 11
36. Bell, John. 2001. French Legal Cultures, London: Butterworth.
37. GLT, 82-88.