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Legal Transplants: An Interdisciplinary Approach (LAW-DS-LEGTRA-24)

LAW-DS-LEGTRA-24

Description

The notion of ‘legal transplants’ refers to the way legal systems incorporate ‘foreign’ elements, such as the copying the text of foreign legislation, but also other forms of emulation (e.g., related to case law and legal reasoning). The literature on this topic has both a positive and a normative dimension: the former analyses how far legal transplants have been a common feature of legal systems, while the latter analyses how far they are a useful way of improving one’s law. Doing so, this line of research is closely connected to methodological questions as it discusses, for example, how far a foreign legal element can function outside its original social, cultural and political context. For all of these aspects, it is also interesting to note that, outside legal scholarship, the notions of ‘policy diffusion’ and ‘policy transfer’ discuss similar topics, often making use of empirical methods.
This short seminar will introduce researchers to these debates.
This may appeal to researchers that use any of these concepts in their research but also to others who have a more general interest in legal evolution and law reform in an interdisciplinary context.

Reading list: 
https://readinglist.eui.eu/leganto/public/39EUI_INST/lists/2250003890008406?auth=SAML&idpCode=SAML_LEGANTO

First, Second & Third Term: registration from 26 to 30 September 2024

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