Alan Watson Legal Transplants 1993

Alan Watson Legal Transplants 1993

Quote from editorWatson, Alan. 1993. Greffes juridiques une approche du droit comparé. Athens: University of Georgia Press. In Legal Transplants, one of the world`s leading authorities on legal history and comparative law presents a clear and concise statement of its controversial thesis on how the law has evolved throughout history. When it was first published in 1974, Legal Transplants garnered both praise and outrage. Alan Watson`s argument challenges the long-held idea that there is a close connection between the law and the society in which it operates. His main thesis is that the laws of a society do not usually develop as a logical outgrowth of one`s own experience. Instead, he argues, one company`s laws are mostly borrowed from other companies; Therefore, most of the law operates in a very different society from the one for which it was originally created. Using a multitude of primary sources, Watson illustrates his reasoning with examples ranging from the ancient Middle East, ancient Rome, modern Europe, Puritan New England, and modern New Zealand.

The resulting image of the surprising longevity and acceptance of law under foreign conditions has important implications for legal historians and sociologists. The law cannot be used as a tool to understand society, Watson believes, without careful scrutiny of legal records. For this issue, Watson wrote a new epilogue in which he places his original study in the context of recent research and offers new considerations on legal ties, law and society. Argues that the laws are borrowed from pre-existing laws in other jurisdictions with no initial inherent relationship between those laws (transplants) and society. Once introduced, however, the interpretation and effect of the law will be adapted locally. For this issue, Watson wrote a new epilogue in which he places his original study in the context of recent research and offers new considerations on legal ties, law and society. Watson, Alan, “Legal Transplants: An Approach to Comparative Literature (2nd edition)” (1993). Books. 24. Legal Transplants: An Approach to Comparative Literature (2nd edition).

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