Argonauts of the Eastern Mediterranean: Legal Transplants and Signaling
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Assaf Likhovski
This Article tells the story of two legal cooperation projects established by the Israeli Ministry of Justice in the 1950s and 1960s. The Article argues that the history of these projects can suggest a new way of understanding the process of legal transplantation. Much of the literature on legal transplants focuses on the legal norms transplanted. This Article seeks to shift the focus of the debate from a discussion of the legal norms transplanted to a discussion of the social acts involved in the process of transplantation. The Article argues that while transplantation may be motivated by practical considerations, such as the desire to obtain foreign norms which are deemed superior to local law, it is sometimes also a process of signaling. The two legal cooperation projects discussed in the Article, it is argued, were, to a certain extent, signaling devices used to communicate to Israel’s potential allies the fact that Israel was part of the civilized world, and thus a partner worthy of its cooperation, and also the fact that Israel was a state stable and strong enough to survive in the hostile environment into which it was born.
©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
