Search results for "Legal transplants"
showing 3 items of 3 documents
PLURALISMO JURÍDICO E A DIFUSÃO DOS DIREITOS
2014
The purpose of this essay is to describe how a pluralistic view of law reshapes the current legal discourse. The focus will be particularly on: sources of law, legal families and legal traditions, and legal transplants. While the traditional account based on State law and on a sharp opposition of legal/non legal and official/unofficial law proved to be untrustworthy and oversimplifying, the proposed conceptualization helps to outline the distinction in a more nuanced and realistic way
Legal Transplants and Economic Development: Common Law vs. Civil Law?
2009
The essay analyzes the phenomenon of legal transplant as instrument to promote and favor economic development, casting a glance to the debate on the choice of the pattern which better suits economic development from a legal perspective.
The ‘margin of appreciation’ in echr case-law as a boundary line to legal transplants
2015
This study investigates the influence of the European Human Rights Court on State 'margin of appreciation' on the diffusion of accepted or rejected cultural and political choices through the jurisprudence of the case-law. The margin of appreciation is aninterpretative argument, a criterion, a parameter, which allows the Court to preserve rather than censure national State policies and choices on difficult issues which, involving moral and ethical questions, and which do not receive common answers in the ,European legal systems. The work considers some decisions of the Court on abortion, ovum donation, pre-implant embryo analysis and artificial procreation techniques, to find out if, in such…