Legal Cultures and Legal Transplants in Germany

European Review of Private Law, Vol. 2, pp. 225-256, 2011

38 Pages Posted: 6 May 2012

See all articles by Andre Janssen

Andre Janssen

University of Muenster - Faculty of Law - Centre for European Private Law

Reiner Schulze

affiliation not provided to SSRN

Date Written: 2011

Abstract

At first glance, many jurists often perceive their own (Private) law to be somewhat hermetic in nature. Their law exists in its own self-contained cosmos, independent from others in the legal universe, yet its atmosphere is sometimes breached by the ‘meteorites’ of international and European law. The reasons for this perception are clear: it is often difficult to ascertain in ones own legal system the influences from foreign (or supranational) law and from foreign legal cultures. This is impeded further by most universities failing to approach this topic, except briefly in the context of international and European law. The following therefore shall attempt to at least attenuate this deficit by providing a ‘birds-eye view’ of German law. In doing so, not only shall the clear marks left in each legal area by foreign and supranational law be shown, but also how they continue to considerably impact upon the German legal landscape and legal culture.

Keywords: Legal Culture, Legal Transplants

Suggested Citation

Janssen, Andre and Schulze, Reiner, Legal Cultures and Legal Transplants in Germany (2011). European Review of Private Law, Vol. 2, pp. 225-256, 2011. Available at SSRN: https://ssrn.com/abstract=2051496

Andre Janssen (Contact Author)

University of Muenster - Faculty of Law - Centre for European Private Law ( email )

Universitaetsstr. 14-16
Muenster, 48143
Germany

HOME PAGE: http://www.jura.uni-muenster.de/index.cfm?objectID=2757FDE1-DC54-0B88-6839DA5E02BAF5DE

Reiner Schulze

affiliation not provided to SSRN ( email )

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