Repere metodologice pentru analiza transplanturilor juridice

Lect. univ. dr. RĂZVAN COSMIN ROGHINĂ

Lect. univ. dr., Facultatea de Drept din cadrul Universităţii "Lucian Blaga" din Sibiu

Methodological steps for analyzing legal transplants

Abstract

Legal transplantation is the process of transferring concepts, ideas, institutions or legal norms from one legal system to another, often requiring adjustments to adapt to the specific context of the host society. The process of internalizing the transplanted forms is gradual, and its success or failure depends on how the content integrates into the host system. Evaluating this process is challenging, because the integration of transplanted legal forms evolves over time, being influenced by interactions and - presumably - continuous adaptations. In order to analyze this process more effectively, I propose the use of "bullwhip mapping" as a methodological tool, which encourages a contextual examination of legal transplants - between the mirrors of...