Legal Transplants: An Approach to Comparative Law / Edition 2

Legal Transplants: An Approach to Comparative Law / Edition 2

by Alan Watson
     
 


In Legal Transplants, one of the world's foremost authorities on legal history and comparative law puts forth a clear and concise statement of his controversial thesis on the way that law has developed throughout history.

When it was first published in 1974, Legal Transplants sparked both praise and outrage. Alan Watson's argument challenges the

See more details below

Overview


In Legal Transplants, one of the world's foremost authorities on legal history and comparative law puts forth a clear and concise statement of his controversial thesis on the way that law has developed throughout history.

When it was first published in 1974, Legal Transplants sparked both praise and outrage. Alan Watson's argument challenges the long-prevailing notion that a close connection exists between the law and the society in which it operates. His main thesis is that a society's laws do not usually develop as a logical outgrowth of its own experience. Instead, he contends, the laws of one society are primarily borrowed from other societies; therefore, most law operates in a society very different from the one for which it was originally created. Utilizing a wealth of primary sources, Watson illustrates his argument with examples ranging from the ancient Near East, ancient Rome, early modern Europe, Puritan New England, and modern New Zealand. The resulting picture of the law's surprising longevity and acceptance in foreign conditions carries important implications for legal historians and sociologists. The law cannot be used as a tool to understand society, Watson believes, without a careful consideration of legal transplants.

For this edition, Watson has written a new afterword in which he places his original study in the context of more recent scholarship and offers some new reflections on legal borrowings, law, and society.

Read More

Product Details

ISBN-13:
9780820315324
Publisher:
University of Georgia Press
Publication date:
07/01/1993
Series:
Virginia Legal Studies Series
Edition description:
Second Edition
Pages:
144
Product dimensions:
5.50(w) x 8.50(h) x 0.44(d)

Table of Contents

Preface
Preface to First Edition
Abbreviations
1Comparative Law as an Academic Discipline1
2The Perils of Comparative Law10
3The Virtues of Comparative Law16
4Introduction to Legal Transplants21
5Romans and Roman Law in Roman Egypt31
6Roman Systematics in Scotland36
7The Reception of Roman Law in Scotland44
8Meaning and Authority57
9Lo Codi61
10The Early Law of the Massachusetts Bay Colony65
11English Law in New Zealand71
12Roman Law in the Late Republic75
13Lex Aquilla: Reception and Non-Reception79
14Transfer of Ownership and Risk in Sale82
15Authority Again88
16Some General Reflections95
17Comparative Law and Legal History102
Afterword107

Read More

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >