The Challenges of Legal Transplants in a Globalized Context - Couverture souple

Reyes, Maria Paula

 
9783659832741: The Challenges of Legal Transplants in a Globalized Context
Couverture souple
ISBN 10 : 365983274X ISBN 13 : 9783659832741
Editeur : LAP LAMBERT Academic Publishing, 2017

Synopsis

Globalization has led legal systems to influence each other throughout history and legal transplants have not been immune to that process either. Nowadays we do not just see examples of legal transplants but come across cases of 'cross-fertilization' of case law. An emergence of unstudied trends that have spread around the world in a voluntary and involuntary way across legal cultures can also be witnessed. However it seems that legal transplants have been largely misunderstood and have been condemned as mere copy-paste exercises due to their history. This paper studies the different theories of legal transplants in comparative law and also analyses some particular cases that have eventually ‘worked’ efficiently both in the country of origin and in the country where those laws were adopted. We can no longer say that legal transplants are impossible; they are a reality we cannot run away from. Amongst the many challenges faced by this phenomenon, the primary one is to overcome all the obstacles imposed by a ‘legal globalization’ that is threatening developing countries by focusing more on the liberalization of markets, rather than on policies supporting social welfare.

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Présentation de l'éditeur

Globalization has led legal systems to influence each other throughout history and legal transplants have not been immune to that process either. Nowadays we do not just see examples of legal transplants but come across cases of 'cross-fertilization' of case law. An emergence of unstudied trends that have spread around the world in a voluntary and involuntary way across legal cultures can also be witnessed. However it seems that legal transplants have been largely misunderstood and have been condemned as mere copy-paste exercises due to their history. This paper studies the different theories of legal transplants in comparative law and also analyses some particular cases that have eventually ‘worked’ efficiently both in the country of origin and in the country where those laws were adopted. We can no longer say that legal transplants are impossible; they are a reality we cannot run away from. Amongst the many challenges faced by this phenomenon, the primary one is to overcome all the obstacles imposed by a ‘legal globalization’ that is threatening developing countries by focusing more on the liberalization of markets, rather than on policies supporting social welfare.

Biographie de l'auteur

Multilingual, diligent and articulate lawyer with broad experience of working with public and private sectors, law firms, international organizations and trade associations, both in Colombia and in the United Kingdom. Highly organized and extremely detailed, able to work seamlessly on multiple projects and transactions simultaneously.

Les informations fournies dans la section « A propos du livre » peuvent faire référence à une autre édition de ce titre.

Éditeur
LAP LAMBERT Academic Publishing
Date d'édition
2017
Langue
anglais
ISBN 10 
365983274X
ISBN 13 
9783659832741
Reliure
Broché
Nombre de pages
68
Coordonnées du fabricant
non disponible
Personne responsable
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