Legal Evolution and Hybridisation

The Law of Shares Transfer in England

By Matteo Solinas

This is a book on comparative law and legal change. With a focus on corporate law and the law of personal property, it reviews the current state of the comparative debate on the evolution of law, and it seeks to establish new perspectives to explain the mechanism of legal reception. The book finds the comparative discussions centered on the appropriateness of describing the movement of law from one country to another in terms of 'legal transplants' perplexing and lacking in a convincing inquiry into the reception process. In an attempt to fill that gap, the book contends that certain recent contributions on culture contact and culture change provide an interesting explanation for the circulation of juridical models across national boundaries. More precisely, it argues that the notion of hybridity, as originated in postcolonial theory, offers a formidable conceptual means to examine the intricacies of legal evolution, and to refine and give content to the observation of the reception of law. The analysis in comparative jurisprudence put forward in the book does not rest exclusively on theoretical grounds. The complexities of the themes involved are explored and tested by focusing on a case study. This is the legal mechanism by which shares in companies are transferred in England under the direct and indirect holding systems. (Series: Ius Commune Europaeum - Vol. 126)

Publication Date: 4/22/2014
Format: Paper
ISBN: 9781780682075