Search Results

You are looking at 1 - 7 of 7 items for :

  • "legal transplants" x
  • Refine by Access: All Content x
Clear All

The changes in the legal universe that have been taking place in the last few decades have increased the potential value of different kinds of comparative law information and thereby urged new objectives for the comparative law community. The comparative method, which was earlier applied in the traditional framework of domestic law, is now being adapted to the new needs created by the ongoing globalization process, becoming broader and more comprehensive with respect to both its scope and goals. Associated with this development is a growing interest in the question of transferability or transplantability of legal norms and institutions across different cultures, especially in so far as current legal integration and harmonization processes require reasonably transferable models. This paper critically examines the issue of transferability of laws with particular attention to the theory of legal transplants propounded by Professor Alan Watson, one of the most influential contemporary comparatists and legal historians. It is submitted that the element of relativity imposed by the special relationship of the law to its socio-cultural environment must be taken into consideration when the comparative method is applied. However, the view held by some scholars that legal transplants are impossible betrays an exaggeration of cultural diversity as it contradicts the teachings of history and is at odds with recent trends towards legal integration in certain world regions.

Full access

1997 Cotterrell, R. 2001. Is There a Logic of Legal Transplants? In: Nelken, D. & Feest, J. (eds) Adapting Legal Cultures . Oxford: Hart

Restricted access

Legal historians have observed that many legal norms have remained in force for a long time, yet the great degree of social change would prima facie also entail legal innovations. But there have been fewer than expected Can one construct a general theoretical framework for assessing explanations concerning legal change and legal stability? Further, can such a framework be constructed from the perspective of comparative law? It may perhaps be argued that comparative law is not sufficient for constructing such a theory, a general analysis of society is also needed. But even if concrete conditions, and cause and effect relations cannot be entirely explained by an abstract scheme, it is at least reasonable to hope that such a scheme may clarify some of the basic concepts at work and enhance insights into the nature and progress of law. The first part of this paper considers the nature and scope of comparative law and identifies different approaches to the subject adopted by contemporary comparatists. In the second part, the problem of legal change is discussed from the standpoint of a particular theoretical perspective represented by Professor Alan Watson, one of the most productive post-War comparatists and legal historians.

Full access

This study investigates the relationship between dimensions of judicial independence and judicial review in constitutional courts Central and Eastern Europe and the Former Soviet Union. In part a modified replication of prior works examining the issue, the study uses newly collected data from a panel of ten countries. It examines the relationship of judicial review with: (1) judicial independence (using both measures employed by the prior works, corrected versions of those measures, and measures original to this study); (2) political and social contextual factors; and (3) the receptiveness of post-communist countries to the importation of transplanted legal institutions. Improvements on the conceptualisation of judicial independence, inclusion of the dimensions of receptiveness, and a more appropriate panel of countries enable this study to present a more complete and accurate portrait of constitutional judicature in transition contexts. The results show that while corrections to prior measures of judicial independence improve the results at the margin, the entirely new measures of the concept represent a greater step forward. Several dimensions of judicial independence are positively related to judicial review, as are the measures of countries’ receptiveness to legal transplants. Other key factors positively related to judicial review in transition include legislative fragmentation at the time of each court decision, the scope of rights guarantees in a bill of rights, and popular trust in courts. Presidential power is negatively related to judicial review. The findings further indicate that aside from judicial independence, the prior works do present correct portrayals of most of the contextual influences they investigate.

Full access

Legal Institutions: International Strategies in National Palace Wars Ewald, W. (1995): Comparative Jurisprudence (II): The Logic of Legal Transplants. The American Journal of

Restricted access

– 81 . Watson , A. , Legal Transplants. An Approach To Comparative Law ( University of Georgia Press 1993

Full access

Access to constitutional complaint procedures: A real chance?

Remarks on the availability of legal aid in constitutional court procedures in Austria, Germany and Hungary

Hungarian Journal of Legal Studies
Author: Ágnes Váradi

. , ‘ Legal transplants and legal development: a jurisprudential and comparative law approach ’ ( 2013 ) 3 Acta Juridica Hungarica – Hungarian Journal of Legal Studies 219 - 36

Open access