Watson A (1974) Legal transplants: an approach to comparative law. Scottish Academic Press, Edinburgh/London Today, legal transplants are often mentioned in the wider process of legal dissemination or acculturation. J.W. Powell is credited with coining the word “acculturation,” first used in an 1880 report by the U.S. Bureau of American Ethnography. He explained that this term refers to the psychological changes brought about by intercultural imitation. In a broader context, such a term is applied to legal thought by many contemporary scholars. The dissemination of law is a process of legal change in the era of globalization. In particular, rights dissemination studies are a new area of research in the 21st century. Graziadei M (1999) Comparative Law, History of Law and Holistic Approach to Legal Cultures. Z Eur Private Law 7:531-543 In a broader perspective, hosting, transplantation or borrowing can refer either to the process or to the results of a legal reform project, which in turn is initiated by a legal change plan based on an imitation of laws, doctrines and theories, as well as judicial decisions already present in different jurisdictions. The term legal transplantation was coined in the 1970s by Scottish jurist W.A.J. “Alan” Watson to indicate the transfer of a rule or legal system from one country to another (A.
Watson, Legal Transplants: An Approach to Comparative Law, Edinburgh, 1974). The concept of legal transplantation is based on diffusionism and, according to this concept, most changes in most legal systems occur as a result of borrowing. As Watson claims, transplantation is the most successful source of legal development. The term “legal transplants” is often used to refer to the dissemination of legal models from an exporting legal system to a receiving system. In this terminology, the concept of legal transplantation has been the most central over the past four decades. This is also due to a successful and highly commented book by legal historian Alan Watson (1974), devoted to a certain series of links in the field of private law. While the success of Watson`s study resulted from the clear recognition that borrowing is generally the determining factor in legislative changes, there were reasons for dissent that were repeatedly expressed by Pierre Legrand, among others. David R (1985) Major legal Systems in the World Today: an introduction to the comparative study of law, 3rd ed.
Stevens, London Laws are often inspired by foreign policy and experience. Regardless of the scientific discourse on the sustainability of legal transplants as a term in legal theory, they are common practice. Nevertheless, the extent to which new laws draw on foreign examples may vary. A common and often justified criticism is that imported laws are not adapted to a particular local context. The debate over legal transplants is very well known Unfortunately, while this debate is familiar or at least confusing to many, it is trapped in a number of fairly solid binaries. It seems to have resulted neither in a solution nor in a forward movement. This is despite a series of commendable attempts to marry. Legrand P (1996) European legal systems do not converge. Int Comp Law Q 45:52-81 The German jurist Friedrich Carl von Savigny and his historical school of law, inspired by 19th century romanticism, particularly promoted the origins of the German people and their distinctive ethos or popular spirit.
Savigny`s school of legal thought expressed the need for legal change to respect the continuity of the popular spirit by proposing a pre-Darwinian concept of legal evolution. However, this concept of legal evolution did not leave much room for terms such as legal transplants and dissemination of law. More recently, Pierre Legrand has been one of the fiercest opponents of legal transplants. Mattei U (1994) Efficiency in Legal Transplants: An Essay in Comparative Law and Economics. Int Rev Law Econ 14:3-19 Kennedy D (2003) The Politics and Methods of Comparative Law. In: Legrand P, Munday R (eds) Comparative legal studies: traditions and transitions. Cambridge University Press, Cambridge, S. 345–433 Glenn P (2000) Les traditions juridiques dans le monde d’aujourd’hui.
Oxford University Press, Oxford NOM DE LA REVUE: Open Journal of Medical Psychology, Vol.9 No.2, 30 avril 2020 Jeder, mit dem Sie den folgenden Link teilen, kann diesen Inhalt lesen: Riles A (ed) (2001) Repenser les maîtres du droit comparé. Hart Publishing, Oxford/Portland Schlesinger R et al (1988) Comparative law: cases, text, materials, 6th edn. Foundation Press, New York Die Unmöglichkeit von « legalen Transplantationen ». / Legrand, P. Legrand, P. (1997) Die Unmöglichkeit von « legalen Transplantationen ». Maastricht Journal of European and Comparative Law, n° 4, 111-124. doi.org/10.1177/1023263X9700400202 Faculté d’Economie, Université de Montpellier et LAMETA-UMR CNRS, Montpellier, France JO – Maastricht Journal of European and Comparative Law eBook Packages: Economics and FinanceReference Module Humanities and Social Sciences. Ajani, G. (2019). Legal transplants. In: Marciano, A., Ramello, G.B.
(eds.) Encyclopedia of Law and Economics. Springer, New York, NY. doi.org/10.1007/978-1-4614-7753-2_731 Sorry, there are currently no shareable links available for this article. Faculty of Law, University of Turin, Turin, Italy Sacco R (1991) Legal trainers. A dynamic approach to comparative law. Am J Comp Law 39(Part I): 1–34, (Part II): 343–401 You can also search for this author in PubMed Google Scholar Trubek D, Santos A (eds) (2006) The new law and economic development. Cambridge University Press, New York MRE und University of Montpellier, Montpellier, Frankreich Sacco R (1972) Introduzione al diritto comparator. Giappichelli, Torino Ajani G (2007) Legal change and institutional reforms.
In: Tolerance Ret tog. Festkrift til Helge Johan Thue. Glydendal Norsk Forlag, Oslo, pp 473-497 Berkowitz D, Pistor K, Richard JF (2003) The transplantation effect. Am J Comp Law 51:163–187 DiGSPES, Université du Piémont oriental, Alexandrie, Italien Eisenberg T, Ramello GB (eds) (2016) Droit comparé et économie. Elgar, Northampton Zweigert K, Kötz H (1998) Einführung in die Rechtsvergleichung. Oxford University Press, Oxford/New York Encyclopedia of Law and Economics pp 1282–1288Cite as Gorla G (1983) Diritto comparato e diritto comune europeo. Giuffré, Mailand Bereitgestellt von der Content-Sharing-Initiative Springer Nature SharedIt.