LEGAL TRANSPLANTATION OF INSTITUTIONS AS A SOURCE OF DEVELOPMENT OF LEGAL MODELS PLURALISM
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| Natura: | Recurso digital |
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Zenodo
2026
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| _version_ | 1866901937971003392 |
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| author | PUKHNAREVICH, ALEXANDRA |
| author_facet | PUKHNAREVICH, ALEXANDRA |
| contents | <p>In the context of globalization, the development of national legal systems is primarily driven by the borrowing of legal institutions, which leads to the blurring of traditional boundaries between legal models and the active formation of hybrid, pluralistic forms. This article focuses on a comprehensive analysis of the key mechanism of this process, which is legal transplantation. The purpose of this study is to examine the legal nature of the institution of legal transplantation as a source of the development of pluralism in legal models, its methods, and analysis of successful transplantation of institutions. The article is based on such scientific methods as systemic, formal-legal, and comparative. The study relies on Alan Watson’s classic definition, which states that transplantation is the transfer of a rule or legal system from one country to another. The article raises the central question of the very possibility of transplantation: can an institution transferred to a different legal culture retain its original characteristics. In conclusion, the article analyzes the transplantation of adversarial institutions, particularly the jury system, from the adversarial system to continental system as a practical example. The article demonstrates that the result of such transplantation is not simply a borrowing, but the emergence of eclectic national models that have been transformed by the local legal culture. The article concludes that legal transplantation is a major source of development for modern legal systems and a fundamental basis for their pluralism, opening up new perspectives for comparative legal research</p> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_18380648 |
| institution | Zenodo |
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| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | LEGAL TRANSPLANTATION OF INSTITUTIONS AS A SOURCE OF DEVELOPMENT OF LEGAL MODELS PLURALISM PUKHNAREVICH, ALEXANDRA legal model national legal model pluralism of law legal transplantation adoption jury trial <p>In the context of globalization, the development of national legal systems is primarily driven by the borrowing of legal institutions, which leads to the blurring of traditional boundaries between legal models and the active formation of hybrid, pluralistic forms. This article focuses on a comprehensive analysis of the key mechanism of this process, which is legal transplantation. The purpose of this study is to examine the legal nature of the institution of legal transplantation as a source of the development of pluralism in legal models, its methods, and analysis of successful transplantation of institutions. The article is based on such scientific methods as systemic, formal-legal, and comparative. The study relies on Alan Watson’s classic definition, which states that transplantation is the transfer of a rule or legal system from one country to another. The article raises the central question of the very possibility of transplantation: can an institution transferred to a different legal culture retain its original characteristics. In conclusion, the article analyzes the transplantation of adversarial institutions, particularly the jury system, from the adversarial system to continental system as a practical example. The article demonstrates that the result of such transplantation is not simply a borrowing, but the emergence of eclectic national models that have been transformed by the local legal culture. The article concludes that legal transplantation is a major source of development for modern legal systems and a fundamental basis for their pluralism, opening up new perspectives for comparative legal research</p> |
| title | LEGAL TRANSPLANTATION OF INSTITUTIONS AS A SOURCE OF DEVELOPMENT OF LEGAL MODELS PLURALISM |
| topic | legal model national legal model pluralism of law legal transplantation adoption jury trial |
| url | https://doi.org/10.5281/zenodo.18380648 |