IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Login to save this paper or follow this series

The Politics and Incentives of Legal Transplantation

  • Frederick Schauer
Registered author(s):

    The last ten years have seen an exponential increase in the volume of legal transplantation, the process by which laws and legal institutions developed in one country are then adopted by another. Although there is a small literature on the process of legal transplantation, most of that literature presumes that the expected efficacy of the law is the predominant factor in determining which laws are transplanted, from where, and to where. This exploratory paper ventures a series of quite different hypotheses, all premised on the view that donor countries, recipient countries, and third parties (such as NGOs) have political, economic, and reputational incentives that are likely to be important factors in determining the patterns of legal transplants. The paper offers a number of hypotheses about these possible efficacy-independent factors, gives examples to support the possibility that the hypotheses might be sound, and suggests ways in which the hypotheses might be tested in a more systematic way.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL: http://www.cid.harvard.edu/cidwp/pdf/044.pdf
    Download Restriction: no

    Paper provided by Center for International Development at Harvard University in its series CID Working Papers with number 44.

    as
    in new window

    Length:
    Date of creation: Apr 2000
    Date of revision:
    Handle: RePEc:wop:cidhav:44
    Contact details of provider: Postal: Center for International Development at Harvard University (CID). 79 John F. Kennedy Street, Cambridge, MA 02138.
    Fax: 617-496-2554
    Web page: http://www.cid.harvard.edu/cidwp/
    Email:


    More information through EDIRC

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:wop:cidhav:44. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Thomas Krichel)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.