Methods of Comparative Law
Show Less

Methods of Comparative Law

Edited by Pier Giuseppe Monateri

Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the ‘comparative law and economics’ approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 9: Contextualizing Legal Transplant: China and Hong Kong

Chen Lei


* Chen Lei 1. INTRODUCTION Legal transplant occurs where law travels from one jurisdiction to another by way of transposition, imposition, reception or intended borrowing.1 It is by no means a new phenomenon and has been extensively researched. Long before the publication of Alan Watson’s magisterial book on the historical transposition of Roman laws to Europe,2 China had already been experimenting both with exporting its own law and importing foreign law.3 Since legal transplant inevitably generates the transfer of the normative dimension of the law, it is inextricably linked with the transfer of legal culture. Cotterrell described legal culture as ‘a way of referring to clusters of social phenomena … coexisting in certain social environments and … a convenient concept with which to refer provisionally to a general environment of social practices, traditions, understandings and values in which the law exists’.4 Through this cultural lens, Legrand announced the ‘impossibility of legal transplant’ since ‘what can be displaced from one jurisdiction to another is, literally, a meaningless form of words’.5 Suli echoed Legrand’s view in China by maintaining that ‘native resources’ or ‘local knowledge’ render legal transplant neither necessary nor * This chapter is version 2.0 based on the National Report of Legal Culture and Legal History to the XVIIIth Congress of the International Academy of Comparative Law in Washington DC and an article on the historical development of Chinese private law published by The Legal History Review in 2010. 1 In this chapter I use the traditional term of legal transplant. The alternatives...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.