TRANSPLANTS:

The term indicates the moving of a rule or a system from one country to another;

BORROWING.
It is the process of mixing the different legal systems.

The various Codes were chosen from what were seen to be ‘the best’ in their field for various
reasons. No single legal system served as the model.
 - ROMAN, corpus iuris civils

- Feudal system

The related examples: - French code and Belgium

- Napoleon

- Soviet union, Russia, Armenia

- Transnational borders
THE FINAL MEANING
Borrowing is usually the major factor in legal
change.

We would equate the concept of legal borrowing

with the notion of legal transplants.
 "Society and Legal Change“
-private law rules played little part in promoting the health and well

-being of society-general lack of a direct link between law and the society it served

-studying the causes of legal development (rapid change, borrowing between countries)

-Law : responsive is the law to the serious needs and desires, comprehensible,
comprehensive.
THE REVIEWERS
ADAMS: sociological thesis without using a
sociologist’s methodology, generalize.

FRIEDMAN : focused on trivial or fringe issues that no one bothered about, direct
in conflict with Watson.

DIAMOND : question if I knew what it meant to say that law is out of step with
society. Focus on detail

ABEL : vague and confused, problematic; escaped it but merely turned it upside
down,” is a mirror image
 ALAN'S WATSON REJECTIONS
Societies
Societies vary
vary greatly,
greatly, and
and so
so do
do legal
legal rules.
rules.

They
They can
can be
be transplanted
transplanted from
from one
one system
system to
to another
another due
due to
to the
the contamination
contamination between
between the
the systems.
systems.

With
With passing
passing of
of time
time modifications
modifications may
may occur,
occur, but
but often
often changes
changes in
in the
the rules
rules have
have limited
limited significance.
significance.

The
The longevity
longevity of
of rules
rules was
was “equally
“equally striking.”
striking.” ..

ALAN
ALAN argued
argued that
that these
these two
two characteristics—transplants
characteristics—transplants and
and longevity—could
longevity—could also
also be
be identified
identified in
in the
the
structure
structure of
of legal
legal systems.
systems.

He
He argued
argued that
that comparative
comparative law
law should
should be
be the
the study
study of
of the
the relationship
relationship between
between systems
systems created
created by
by
borrowing
borrowing