Book contents
- Legal Transplants in East Asia and Oceania
- Legal Transplants in East Asia and Oceania
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Statutes
- Abbreviations
- Introduction
- Part I
- 1 The Legal Transplants Debate: Getting Beyond the Impasse?
- 2 Transplant Shock: the Hazards of Introducing Statutes of General Application
- 3 Bentham’s Theory of Legal Transplants and His Influence in Japan
- 4 On the Hardingian Renovation of Legal Transplants
- Part II
- Part III
- Index
- References
2 - Transplant Shock: the Hazards of Introducing Statutes of General Application
from Part I
Published online by Cambridge University Press: 18 June 2019
- Legal Transplants in East Asia and Oceania
- Legal Transplants in East Asia and Oceania
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Statutes
- Abbreviations
- Introduction
- Part I
- 1 The Legal Transplants Debate: Getting Beyond the Impasse?
- 2 Transplant Shock: the Hazards of Introducing Statutes of General Application
- 3 Bentham’s Theory of Legal Transplants and His Influence in Japan
- 4 On the Hardingian Renovation of Legal Transplants
- Part II
- Part III
- Index
- References
Summary
The term ‘legal transplants’ is usually taken to refer to laws made by the legislature of one country (the ‘enacting country’) which are then either applied or extended by that legislature to be in force in a second country, or which are adopted by the legislature of the second country (the ‘receiving country’) to be in force there. These transplanted laws, sometimes referred to as ‘introduced laws’, might be constituted by a whole Act or just a part or even a single section of it. The term is also broad enough to cover the transplant of whole legal systems, as sometimes happened as a consequence of colonisation.
- Type
- Chapter
- Information
- Legal Transplants in East Asia and Oceania , pp. 34 - 62Publisher: Cambridge University PressPrint publication year: 2019
References
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