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Success in Legal Transplanting
Dufková, Barbara ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
Success in Legal Transplanting Abstract The thesis deals with the conceptualization of success in legal transplanting. The thesis identifies legal transplanting as a dominant method of adoption of law in a globalized world. Yet, it points out that there is no agreement as to how to assess whether a legal transplant has been successful or not. Despite the lack of such an agreement, the thesis observes that the literature on legal transplanting suggests a variety of criteria that may be useful to examine or factor in the evaluation of success or failure of legal transplants. Against this background, the thesis strives to dive deeper into the scholarship on legal transplanting to, first, analyze how success or failure in legal transplanting is defined in the scholarship, and second, examine what criteria or benchmarks are used to evaluate such success or failure. To answer those research question, the thesis will first introduce the concept of legal transplantation and set it within the general framework examining the relation between law and society. It will then move to the literature on legal transplanting itself to identify how success or failure is understood in the scholarship. To complement this general and theoretical enquiry, the thesis will also look into specific case studies evaluating legal...
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