Article title Comparative Jurisprudence: The Logic of Legal Transplants
Name of magazine Scientific-practical professional journal «Comparative Law»
(Ukrainian language)
Issue 1-2/2013
Сторінки [60-76]
Annotation The author using the method of rational reconstruction systemizes the main theses of Alan Watson on the interrelations of law and society, the sources and the mechanism of legal change. The core issues of the article is the “legal transplant” thesis of Watson’s theory and his critics of “mirror theories” claiming that law is completely determined by social and other non-legal forces. The author argues the more complex relations of law and society without strict determinism and claims the necessity of comparative and historical analysis of law, systemizes the Watson’s thesis on the mutual influences of legal systems as a new subject-matter of comparative law and the component of the new form of the latter — as comparative jurisprudence.
Keywords legal transplant, mirror theories, social determinism, comparative jurisprudence, legal change, inertia of law, rational reconstruction.