ISBN-10:
0691150141
ISBN-13:
9780691150147
Pub. Date:
05/08/2011
Publisher:
Princeton University Press
Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement

Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement

by James L. Nolan Jr.

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Overview

A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts—including drug courts, community courts, domestic violence courts, and mental health courts—do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.

Product Details

ISBN-13: 9780691150147
Publisher: Princeton University Press
Publication date: 05/08/2011
Edition description: Reprint
Pages: 264
Product dimensions: 6.10(w) x 9.20(h) x 0.80(d)

About the Author

James L. Nolan, Jr., is professor of sociology at Williams College. He is the author of Reinventing Justice: The American Drug Court Movement (Princeton) and The Therapeutic State: Justifying Government at Century's End.

Table of Contents

Acknowledgments ix

INTRODUCTION 1

CHAPTER ONE: Problem Solving and Courts of Law 7

CHAPTER TWO: Law and Culture in Comparative Perspective 24

CHAPTER THREE: Anglo-American Alternatives: England and the United States 43

CHAPTER FOUR: Commonwealth Contrasts: Canada and Australia 76

CHAPTER FIVE: Devolution and Difference: Scotland and Ireland 109

CHAPTER SIX: American Exceptionalism 136

CHAPTER SEVEN: Ambivalent Anti-Americanism 157

CHAPTER EIGHT: Building Confidence, Justifying Justice 179

Notes 197

Selected References 235

Index 243

What People are Saying About This

Philip Bean

I looked forward to reading this book and was not disappointed. James Nolan has made the subject of problem-solving courts his own. He raises timely and important questions, and writes with an easy, flowing style.
Philip Bean, author of "Madness and Crime"

David Nelken

Why are American criminal justice innovations so influential even in countries characterized by strong dislike of American cultural imperialism? When legal institutions are imported from abroad is it possible to filter out wider cultural assumptions and practices? In this well-argued and innovative study, James Nolan examines such questions by focusing on how American-style problem-solving courts have been adapted in five other common law jurisdictions. This is a fine and timely illustration of the complexities of cultural borrowing.
David Nelken, Cardiff Law School

Boldt

James Nolan is one of the leading scholars of problem-solving courts, and to my knowledge this is the only book offering a comprehensive account of the development of these courts around the English-speaking world. Legal Accents, Legal Borrowing is clear and insightful and has a terrific blend of theory and description.
Richard C. Boldt, University of Maryland Law School

Kai Erikson

This is a first-rate study in every respect. It does so good a job of showing why the recent development of problem-solving courts deserves attention that it simply acts to create an audience where one did not exist before. I was drawn in from the first page. Thoughtful and well-crafted, the book sets a high standard.
Kai Erikson, professor emeritus, Yale University

Feeley

With Reinventing Justice, James Nolan established himself as the leading expert on America's problem-solving court movement. Now, with Legal Accents, Legal Borrowing, he has extended his reach and established himself as one of the world's leading experts on the powerful movement to promote these courts internationally. Cosmopolitan and erudite, this book can be read with enormous profit by students, scholars, and practitioners on at least three continents.
Malcolm M. Feeley, School of Law, University of California, Berkeley

From the Publisher

"James Nolan is one of the leading scholars of problem-solving courts, and to my knowledge this is the only book offering a comprehensive account of the development of these courts around the English-speaking world. Legal Accents, Legal Borrowing is clear and insightful and has a terrific blend of theory and description."—Richard C. Boldt, University of Maryland Law School

"With Reinventing Justice, James Nolan established himself as the leading expert on America's problem-solving court movement. Now, with Legal Accents, Legal Borrowing, he has extended his reach and established himself as one of the world's leading experts on the powerful movement to promote these courts internationally. Cosmopolitan and erudite, this book can be read with enormous profit by students, scholars, and practitioners on at least three continents."—Malcolm M. Feeley, School of Law, University of California, Berkeley

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