Questioning Harmonization: Legal Transplantation in the Colonial Context

Theoretical Inquiries in Law Forum, Vol. 10, Issue 2, Article 3, p. 49, 2009

6 Pages Posted: 30 Jun 2009  

David Schorr

Tel Aviv University - Buchmann Faculty of Law

Date Written: June, 30 2009

Abstract

This comment on an article by Ron Harris and Michael Crystal argues that on the theoretical as well as the historical level, there is no reason to assume that a legal system, like a sort of organism, wishes to replicate itself or propogate its genes, nor that it will typically do so, even in the supposedly hospitable environment of colonial relations. While legal transplantation in the British Empire was rampant, it was also multidirectional, with jurisdictions from around the world borrowing freely from each other, from the legal systems of other imperial territories as well as from outside the empire. More generally, the inherent complexity of legislating, even in the colonial context, makes harmonization an unlikely prospect in any empire.

Keywords: legal transplants, harmonization, colonial law, British Empire

JEL Classification: F02, H77, K40, N40

Suggested Citation

Schorr, David, Questioning Harmonization: Legal Transplantation in the Colonial Context (June, 30 2009). Theoretical Inquiries in Law Forum, Vol. 10, Issue 2, Article 3, p. 49, 2009. Available at SSRN: https://ssrn.com/abstract=1427664

David Schorr (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL
Israel

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