Essay about Legal Transplants And The Legal System

1054 Words Nov 13th, 2015 null Page
Legal transplants, according to legal scholar W.A.J ‘Alan’ Watson occurs when a country’s legal system is adopted or moved to some other country. The transfer of the dominion of law often happens through the diffusion of law during colonization and globalization 's. However the possibility of legal transplant is often argued by scholars sparking debates. In Legrand’s the impossibility of legal transplant he mentioned that “for the transplant to be completely viable; it cannot just be an adoption of rules as there are many more aspects in making the rule, including culture, language, history and economy, therefore it is impossible to make and use rules that were made specifically to another country.” But supporters of the theory of legal transplant states it is possible in legal systems with already few similarities and rules are just words; you could adopt rules to the new changed setting to match the significance.

Through the development of Hong Kong from before, during and after colonization there is proof through the historical development that legal transplant has taken place. Hong Kong has been part of China’s history for a long time, but before the British colonized Hong Kong took on the Qing Law and substituted the gap from the penalty oriented code with local customs law. After the British colonization on the 5 April 1943, the British common law was introduced and enforced upon society. This was the first time a foreign legal system is practiced in Hong Kong.…

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