Legal Transplants and the Frontiers of Legal Knowledge
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Michele Graziadei
The study of legal transplants provides a vital critical supplement to mainstream theories about legal change. Legal transplants are not exceptional or isolated occurrences, despite the economic, social, political and cultural barriers that separate the world’s legal systems. This Article goes beyond traditional approaches to the study of transplants by substituting the figurative language of transplants with explicit theory about how legal change is produced. It first provides a brief account of what the literature on legal transplants has achieved so far in terms of "macro" explanations of legal change currently available. It then argues that legal transplants as social acts performed by individuals call for a study of the "micro" level of engagement with legal change by individuals. The key notion that is advanced to explore this dimension is the notion of mediated action, which denotes action that is performed by individuals making use of features of the environment as tools to interact in a specific setting. The notion of mediated action was first introduced in cultural-historical psychological investigations of the social formation of the mind. As social acts, legal transplants represent instances of mediated action. The last part of this Article highlights how legal transplants raise questions of justice and discusses briefly how the new approach to the study of transplants advocated here relates to them.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Article
- Introduction
- The Concept of Law: A Western Transplant?
- Transplantation and Mutation in Anglo-American Trust Law
- Transplants and Timing: Passages in the Creation of an Anglo-American Law of Slavery
- Deciding Against Conciliation: The Nineteenth-Century Rejection of a European Transplant and the Rise of a Distinctively American Ideal of Adversarial Adjudication
- The Invention of Legal Primitivism
- Race, Marriage, and Sovereignty in the New World Order
- Constitutional Transplants
- Some Reflections on the Transplantation of British Company Law in Post-Ottoman Palestine
- Jefferson Goes East: The American Origins of the Israeli Declaration of Independence
- Argonauts of the Eastern Mediterranean: Legal Transplants and Signaling
- American Moment[s]: When, How, and Why Did Israeli Law Faculties Come to Resemble Elite U.S. Law Schools?
- Foreign Law Between "Grand Hazard" and Great Irritation: The Bulgarian Experience After 1878
- Legal Transplants and the Frontiers of Legal Knowledge
- Western Legal Imperialism: Thinking About the Deep Historical Roots
Artikel in diesem Heft
- Article
- Introduction
- The Concept of Law: A Western Transplant?
- Transplantation and Mutation in Anglo-American Trust Law
- Transplants and Timing: Passages in the Creation of an Anglo-American Law of Slavery
- Deciding Against Conciliation: The Nineteenth-Century Rejection of a European Transplant and the Rise of a Distinctively American Ideal of Adversarial Adjudication
- The Invention of Legal Primitivism
- Race, Marriage, and Sovereignty in the New World Order
- Constitutional Transplants
- Some Reflections on the Transplantation of British Company Law in Post-Ottoman Palestine
- Jefferson Goes East: The American Origins of the Israeli Declaration of Independence
- Argonauts of the Eastern Mediterranean: Legal Transplants and Signaling
- American Moment[s]: When, How, and Why Did Israeli Law Faculties Come to Resemble Elite U.S. Law Schools?
- Foreign Law Between "Grand Hazard" and Great Irritation: The Bulgarian Experience After 1878
- Legal Transplants and the Frontiers of Legal Knowledge
- Western Legal Imperialism: Thinking About the Deep Historical Roots
