Legal Transplants and Comparative Law

Abstract

The current trends in modern comparative law are not limited to the traditional studies of the legal families. Nowadays, a more comprehensive approach is taken where new terms such as ‘legal culture,’ ‘cross-fertilization’ and legal transplantation are studied with great interest by modern comparative scholarship. In this article the relationship between comparative law, the reasoning behind the existence of legal transplants and the influence of legal culture are presented in order to achieve a more in-dept knowledge of the ideological background of law and legal practice in the modern world.

Keywords: legal transplants, comparative law, legal systems, transplantation, law in the books, law in action

JEL Classification: K00, K10