Wednesday, February 5, 2020
Discuss and compare two legal transplants, with reference to AT LEAST Essay
Discuss and compare two legal transplants, with reference to AT LEAST ONE African or Asian legal system - Essay Example The main purpose of comparative law in this case is to provide a deeper knowledge on legal systems (Ritaine 11). From the general study of law, there is great awareness of the transfer of legal concepts, practices and organizations. Atleast in every nation, there has been the use of legal transplant during the development of the legal system; laws have been borrowed from one country to another. There is a lot of evidence that show cases the migration of legal systems from one country to another. It was evident during the adoption of Roman law by many countries; for example, there was a case of legal transfer from America after the World War II to other countries that had been defeated and the migration of legal system from western countries to the countries of the Eastern part of Europe. At the moment, due to globalization, there have been re-dimensions of the legal systems. This has led to the realization of concerns by the European Union, which wants harmonization of legal systems so as to curb the rising of international crime and terrorism (Negura 812). Despite this stand, legal transplant has stood to be one of Chinaââ¬â¢s major legal systems that have seen it develop its legal system, while playing the major role in the transition of social systems. It has served as the best means for legal construction. The process in China began in about 1980. The government sat and agreed to setup a new legal system for the purpose of foreign investment, and it began by informing its major foreign embassies to collect joint venture laws from their respective countries of operation. Most government officials also attended major foreign courses dealing with foreign investment and taught by foreign lawyers and professors (Chenguang, ââ¬Å"The Functionâ⬠). This is the model of legal transplant relating to economy whereby individuals and groups gain a lot of benefit due to their investment through investments, learning
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