Wednesday, May 16, 2018

Siems on Malicious Legal Transplants

Mathias M. Siems, Durham University Law School, has posted Malicious Legal Transplants, which is forthcoming in Legal Studies 38 (2018): 103-119:
It is frequently assumed that legal transplants can help law makers in choosing the best ideas from elsewhere in the world. However, this paper suggests that there can also be cases of "malicious legal transplants." This analysis is based on three paradigmatic examples of such type of transplant. The paper explains why such transplants emerge and how they may be prevented. This discussion fills a gap in the normative debate about legal transplants: while it is valuable to identify good models, it is equally important to understand how the impact of malicious ideas can be prevented.

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