French Legal Culture and the Shock of 'Globalization'

Garapon, Antoine

doi:10.1177/096466399500400404

Cited by 14 publications

(9 citation statements)

References 1 publication

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“…So they think that if we modify our system, clients will come from outside to their banks. (Monégasque MP, 1997) Such evidence would seem to lend support for arguments purporting the growing significance of global financial and legal interests over local ones (Dezalay and Garth, 1997;Friedman, 1994;Garapon, 1995). But this should not be taken as tantamount to a victory of commercial interests over political interests.…”

Section: Competitive Lawmentioning

confidence: 99%

“…Accultural law is not the binding together of two different legal systems but an official command reflecting a consolidation of different regulatory traditions, ideas and beliefs. The accultural idea has particular potency with respect to the current condition of globalization, where different legal cultures come ever more into contact with one another, and where the propensity for them to clash becomes increasingly probable (Appelbaum, 1998;Garapon, 1995).…”

Section: Accultural Lawmentioning

confidence: 99%

“…Competitive law is a formal rule, stipulation or regulatory regime designed by the state to attract economic activities and investment. The idea of competitive law is important in the context of debates surrounding the legal foundations of globalization, particularly as states are now increasingly engaged in competition for shares in the global economy (Picciotto and Haines, 1999;Porter, 1990), with some using the rule of law as part of their marketing ploy (Garapon, 1995). Indeed, there are strong internal and external pressures for states to formalize and modernize aspects of economic regulation as a basis for increased global competition, with the quality of law becoming 'a chief element in international competence' (Garapon, 1995: 494).…”

Section: Competitive Lawmentioning

confidence: 99%

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Between Tradition and Law: The Sociolegal Conditions of Bank Confidentiality in Monaco

Donaghy¹

2001

Social & Legal Studies

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This article adopts a sociolegal perspective in analysing the sociological conditions underpinning the emergence of a bank confidentiality law in the 'offshore' financial centre of Monaco. It utilizes three analytical distinctions in approaching the social, legal and political dimensions of the law and moves beyond superficial claims that Monaco's proposed law merely represents a codification of hitherto informal principles and practices. Issues surrounding the globalization of Monaco's banking market and its effects upon the legal culture of confidentiality are explored. However, changes in the legal culture of offshore financial centres should not be equated with an erosion of the state, which is shown to play a constitutive role in sociolegal transformations. In the final section of the article, the implications of the discussion for the sociolegal dimensions of offshore financial centres are drawn out, offering a blueprint for future comparative study on the legal cultures of globalized financial centres.

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Section: Competitive Lawmentioning

confidence: 99%

Section: Accultural Lawmentioning

confidence: 99%

Section: Competitive Lawmentioning

confidence: 99%

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Between Tradition and Law: The Sociolegal Conditions of Bank Confidentiality in Monaco

Donaghy¹

2001

Social & Legal Studies

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“…Some scholars talk about a category of countries that share Latin kgal cultures (Garapon 1995), but other and better terms could certainly be devised. For these purposes adversarial legalism versus the rest will not provide much analytic power.…”

Section: New Directions In Comparing Legal Culturesmentioning

confidence: 99%

Beyond Compare? Criticizing "The American Way of Law"

Nelken¹

2003

Law & Social Inquiry

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The suggestion that something is rotten with law in America is not in itself novel; indeed it could be said that dissatisfaction with law is itself a constant of American legal culture. Popular distaste for lawyers is l o n g standing, and academic concern with over reliance on law would fill a large library. In the past, the problems raised have ranged from law's effects on "community" solidarity to the consequences of its costs and delays on American competitiveness in a globalized economy. Recent critiques range from neoliberal or libertarian pleas for a return to "common sense" (Howard 1996) to postmodernist attacks on law as an aspect of the irrationality of modernist rationality (Campos 2000). Bob Kagan's contribution to this genre is, nonetheless, in many respects original and provocative. These recent critics, like many others, see bureaucratic rule making and law as one seamless web. Kagan, on the other hand, wants to save both bureaucratic and professional forms of judicial rule making from exasperating legal challenge. What is more, he believes that by looking abroad to other modern societies he can show that this is really possible. There have of course been many other valuable attempts to study American law comparatively, especially as contrasted with Japan and, to a lesser extent, continental Europe.

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“…This has proven to be an important means by which republicanism has resisted the currents of globalization and what they are frequently seen to represent in France: an Anglo-American cultural and political imperalism. Although French culture may have been hit by the 'shock of globalization' (Garapon, 1995), the capacity of the French state and ideology to resist should not be underestimated. Described by one commentator as 'a backward-looking nationalism .…”

Section: Republicanism and Internationalism: The Challenge From 'Above'mentioning

confidence: 99%

Civil Solidarity or Fragmented Identities? The Politics of Sexuality and Citizenship in France

Stychin

2001

Social & Legal Studies

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This article examines the development of the Pacte Civil de Solidarité (PACS) in France, a legal construct which provides recognition in law to a range of relationship forms, including same-sex couples. The PACS is used as a means of interrogating the continuing importance of republicanism in contemporary French political discourse. The PACS provides a microcosm of wider issues concerning citizenship, marriage, communitarianism, multiculturalism and the meaning of French national identity in the context of globalization and transnationalism. Finally, the article considers the role of republicanism in shaping the constitution of a gay identity in contemporary France, and the impact of the PACS on that identity.

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French Legal Culture and the Shock of 'Globalization'

Cited by 14 publications

References 1 publication

Between Tradition and Law: The Sociolegal Conditions of Bank Confidentiality in Monaco

Between Tradition and Law: The Sociolegal Conditions of Bank Confidentiality in Monaco

Beyond Compare? Criticizing "The American Way of Law"

Civil Solidarity or Fragmented Identities? The Politics of Sexuality and Citizenship in France

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