... interviews from six IP-intensive industries in China, I propose a theoretical framework for combining the “textual” and contextual dimensions of studying legal transplants – the susceptibility of law. I argue that the intrinsic qualities of the IP legal concept imply a sizable gray space, making it difficult...

..., under the supervision of the Ministry of Justice. This article introduces the Romanian national registry for movable securities in a functional comparative perspective, as a potential source of legal transplant for the Chinese legal market. Adaptation to local conditions requires that the place...

..., its research scope and research methods, legal transplant, and legal globalization. The article then proceeds to examine various specific issues of comparative law, mainly contract spirit and constitutionalism, the comparison between case law and statutory law, features of the continental legal system...

... history and comparative law overlap in important respects.2 This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building.3 M.N.S. Sellers nicely portrayed the relationship: The past is a foreign country, its people strangers and its laws...

... traditions Liberia constitution 1847 Mexico Pennsylvania constitution 1776 US bricolage commodification decontextualization globalization legal transplant ‘odd details’ recontextualization Laws ¹ neither fall ‘from heaven’ as lawmakers’ ingenious insights nor grow organically from...

... law. Thus, the early nineteenth century witnessed a radical new type of legal transfer on the European continent. The French penal system was applied, as an imposed legal transplant ( Watson 1993 : 29–30), in areas conquered by revolutionary and later Napoleon’s armies. Thus, the French penal system...

... colonialism in the region. Christian morality and ideas of law were introduced via legal transplants by the European colonials. The most evident example is the criminal codes that the British enacted in their colonies, which are still being administered today in Malaysia, Singapore, Myanmar, and, to some...

...This chapter surveys all the contributions in this volume and offers some observations with reference to regional harmonization and the phenomenon of legal transplant. On the former, the points of functional similarities despite the conceptual differences are discussed. On the latter...

... Truche Commission procedural tradition adversarial inquisitorial plea bargaining international criminal justice fair trial procedural safeguard European criminal justice legal transplant procedural reform In order to understand the nature of core features of adversarial and inquisitorial...

...This chapter traces the migration of the Indian Contract Act 1872 to Malaysia. It explains that the Malaysian Contracts Act 1950 is a product of a double legal transplant modelled on the Indian Contract Act. The double legal transplant of the Malaysian Act invites deliberation as to the extent...

... cleavages in the interrelation of legal and economic institutions. ‘good faith’ as legal transplant irritant Teubner G unifying law and new divergences United States Bridge M G Brownsword R Goode R Kahn‐Freund O convergence globalization Kerr C context vs autonomy and ‘good faith’ culture Ewald...

... Balkh Karzai Ahmad Wali Mohaqiq Mohamad Bagram Iran Mazar i Charif Afghanistan international intervention law court system legal transplant legal reform corruption development On 11 September 2001, with Northern Alliance commanders cornered in the Panjshir Valley, the Taliban were...

...This chapter first describes the legal history of the right to information—its theoretical basis and the historical context in which it appeared as a goal of a social movement. It argues that the right to information in Latin America presents a case of legal transplant, inspired by regulations...

... the significance recently given to the English distinction as an outcome of transplantation, principally through the judicial determinations in O'Reilly v Mackman on the exclusivity of the reformed judicial review procedure in public law. The hazards of legal transplantation identified...

... public and private law as a legal transplant from the Continental civil law to the English common law. It provides a novel application of that method to the distinction's contrasting development in England and France. It compares the relatively recent emergence of a significant English distinction...

... as the way different rules are made and enforced has to be considered, so too does the type of transformation, e.g., as to whether a law is created as part of a genuine evolution process or imported as a legal transplant from another jurisdiction. The goal is a thorough understanding of how rules might...