Please boost your Plan to download papers
Legal Transplants in Todays Global World - Essay Example
Author : ferrymason
Pages 4 (1004 words)
During the past two hundred years, countries the world over has used legal transplants as a means to develop formal rules of law. Defined as the moving of a single rule or a system of law from one country to another, or from one people to another (Watson, 1974), legal transplants has been the issue of a longstanding debate in comparative law…
Amidst the debate, one thing is clear - transplanting foreign rules requires extreme caution and thorough consideration because despite the success of early European countries with it, legal transplants are not for everyone. However, with the advent of globalization and the increasing integration of national economies as a result of it, legal transplants have become not only a trend, but a rule at times. As this paper will argue, globalization, as a driving force for economic integration, has influenced the growth of legal transplants and created both formal and informal institutions that are forcing countries to hastily, if not blindly, copy foreign commercial laws with little consideration to the country's culture and historical experience, thus rendering the transplant unsuccessful.
Brings laws and legal cultures into more direct, frequent, intimate, and often complicated and stressed contact. It influences what legal professionals want and need to know about foreign law, how they transfer, acquire, and process information, and how decisions are made.
This influence takes effect in two ways. ...