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
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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
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.
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- Legal Transplants in East Asia and Oceania , pp. 34 - 62Publisher: Cambridge University PressPrint publication year: 2019
References
IX Bibliography
‘Tonga Laws Are There to Protect the People Who Have No Power’, Matangi Tonga, 2004 www.matangitonga.to/home/ward/htm accessed 21 July 2004.Google Scholar
Notes on Evidence (Amendment) Bill 2016 (Tonga).Google Scholar
Angelo, T. and Wright, F., ‘Pitcairn: Sunset on the Empire?’, New Zealand Law Journal (2004), 431.Google Scholar
Australian Law Reform Commission, ‘Recognition of Aboriginal Customary Laws’ (Report 31, 1986).Google Scholar
Corrin, J. and Foote, E., ‘Failing to adopt a new approach: the law of adoption in Solomon Islands’ in Atkin, B. (ed.), The International Survey of Family Law (Jordan Publishing, 2014).Google Scholar
Farran, Sue, ‘The “Re-Colonising” of Pitcairn’, Victoria University of Wellington Law Review 38 (3) (2007), 435.Google Scholar
Kahn-Freund, O., ‘Uses and Misuses of Comparative Law’, Modern Law Review 37 (1974), 1.Google Scholar
Twining, W., ‘Diffusion of Law: A Global Perspective’, Journal of Legal Pluralism 49 (2004), 1.Google Scholar
Twining, W., ‘Normative and Legal Pluralism: A Global Perspective’, Duke Journal of Comparative & International Law 20 (2010), 473.Google Scholar
Watson, A., Legal Transplants: An Approach to Comparative Law 2nd edn (University of Georgia Press, 1993).Google Scholar
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