Article | The Approach of Legal Transplants: Notion and Significance for Contemporary Comparative Law |
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Authors | Saparova A. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 3-4 / 2013 |
Pages | 235 - 241 |
Annotation | Postulate that acquisition of scientific status demanding substantiation and realization into research instruments idea of similarity of law is basic idea of classic comparative law. There are two approaches of such substantiation. According to the first similarities are the results of influence of the same factors of creating of law — law’s natural universalization approach. Alternative approach localizes the idea of natural law outside of comparative-legal methodology. In other words, as factor of creating of law postulates artificial universalization of law, i.e. consequences of transfers of legal norms from one legal system to other. Legal transplants approach is the most profound incarnation of idea of artificial universalization of law within comparative law. Mentioned approach radicalized autonomy nature of law’s thesis. According to it law is not mirror of culture of society. Importance of reflection of legal transplants approach derives from critical rethinking of its basic idea that legal norm remain the same during the process of its transferring from one legal system to another. |
Keywords | legal transplant, universality, Comparative law, borrowing of legal rules, globalization, legal culture. |
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