In the

legal theory Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...

, reception is chiefly defined as ''the transfer of a legal phenomenon 'of a different

legal culture Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

', other area or other period of time 'to a new legal climate'.''

Voluntary reception

According to Max Rheinstein term "reception" should preferably be reserved for those situations in which legal phenomena of one legal climate are consciously and willingly adopted into another legal system.{{cite web, url=http://www.legalanthology.ch/globalization/3-contributions/types-of-reception/, title=Types of Reception - The Anthology of Swiss Legal Culture

Legal necessity reception

Where there is an apparent need for a change of legal system in one culture and another existing culture provides an opportunity to satisfy the need

Legal veneration reception

Veneration reception is one example which occurs if alien norms, institutes or a whole system is adopted for their venerated position and prestige of cultural background.

Imposed legal reception

If a legal phenomenon is imposed upon another nation by force, this is referred to as imposed legal reception, in few instances under certain conditions imposed reception may transform into a voluntary process and thus become genuine reception but usually imposed legal phenomenon would not be considered genuine legal reception.

Legal transplantation

Is a process whereby a legal phenomenon transfers to another geographic area or culture together with people. A situation where a norm of another legal culture is established in a different legal climate by enacting legislation regardless of its original implementation background may also be interpreted as a mere transplantation of a legal phenomenon. Transplantation also occurs where a legal theory is taken to another geographical area. As in the case of imposed reception or voluntary reception, an original transplantation may become true reception: of course not among the group or nation which is the carrier of transplantation but among the legal culture surrounding it in the new area. The transformation of transplantation into reception is perhaps of greater significance in the history of legal science than it is in

positive law Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of posit ...

Methodological and systematic reception

in which the spread of ''legal

doctrines Doctrine (from , meaning 'teaching, instruction') is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system. The etymolo ...

and

theories A theory is a systematic and rational form of abstract thinking about a phenomenon, or the conclusions derived from such thinking. It involves contemplative and logical reasoning, often supported by processes such as observation, experimentation, ...

'' plays an especially important role. It is quite clear that the spread of methods brings about the spread of their conceptual and systematic basis. In this regard, system not only refers to a certain classification of legal material, but an internally consistent and systematic approach to law.

'Doctrine of reception' in common law

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

, the ''doctrine of reception'' (properly, ''reception of the common law of England in a colony'') refers to the process in which the

English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...

becomes applicable to a British

Crown Colony A Crown colony or royal colony was a colony governed by Kingdom of England, England, and then Kingdom of Great Britain, Great Britain or the United Kingdom within the English overseas possessions, English and later British Empire. There was usua ...

, or

protectorate A protectorate, in the context of international relations, is a State (polity), state that is under protection by another state for defence against aggression and other violations of law. It is a dependent territory that enjoys autonomy over ...

. In ''

Commentaries on the Laws of England The ''Commentaries on the Laws of England'' (commonly, but informally known as ''Blackstone's Commentaries'') are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarend ...

'' (Bk I, ch.4, pp 106–108), Sir

William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-k ...

described the doctrine as follows:

Plantations or colonies, in distant countries, are either such where the lands are claimed by right of occupancy only, by finding them desert and uncultivated, and peopling them from the mother-country; or where, when already cultivated, they have been either gained by
conquest Conquest involves the annexation or control of another entity's territory through war or Coercion (international relations), coercion. Historically, conquests occurred frequently in the international system, and there were limited normative or ...
, or ceded to us by
treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
. And both these rights are founded upon the law of nature, or at least upon that of nations. But there is a difference between these two species of colonies, with respect to the laws by which they are bound. For it hath been held, that if an uninhabited country be discovered and planted by English subjects, all the English laws then in being, which are the birthright of every subject, are immediately there in force... But in conquered or ceded countries, that have already laws of their own, the
king King is a royal title given to a male monarch. A king is an Absolute monarchy, absolute monarch if he holds unrestricted Government, governmental power or exercises full sovereignty over a nation. Conversely, he is a Constitutional monarchy, ...
may indeed alter and change those laws; but, till he does actually change them, the ancient laws of the country remain, unless such as are against the law of God, as in the case of an infidel country.

(Note: the 'infidel country' reference here was mainly intended to prohibit customs considered

barbaric A barbarian is a person or tribe of people that is perceived to be primitive, Savage (pejorative term), savage and warlike. Many cultures have referred to other cultures as barbarians, sometimes out of misunderstanding and sometimes out of prej ...

by the British, such as

cannibalism Cannibalism is the act of consuming another individual of the same species as food. Cannibalism is a common ecological interaction in the animal kingdom and has been recorded in more than 1,500 species. Human cannibalism is also well document ...

, once a territory was colonized, in an age when communications between the British government and her far-flung colonies could take months on end.) In other words, if an 'uninhabited' territory is colonised by Britain, then the English law automatically applies in this territory from the moment of colonisation; however if the colonised territory has a pre-existing legal system, the native law would apply (effectively a form of

indirect rule Indirect rule was a system of public administration, governance used by imperial powers to control parts of their empires. This was particularly used by colonial empires like the British Empire to control their possessions in Colonisation of Afri ...

) until formally superseded by the English law, through

Royal Prerogative The royal prerogative is a body of customary authority, Privilege (law), privilege, and immunity recognised in common law (and sometimes in Civil law (legal system), civil law jurisdictions possessing a monarchy) as belonging to the monarch, so ...

subjected to the Westminster Parliament.

Hong Kong

In practice, it could take years or even decades for the native law in a colony to be gradually superseded by the English law. The legal history of

Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...

provides an illustration of this point: after the colonization by the British Empire in 1841, the

Great Qing Legal Code The Great Qing Legal Code (or Great Ching Legal Code), also known as the Qing Code (Ching Code) or, in Hong Kong law, as the ''Ta Tsing Leu Lee'' (), was the legal code of the Qing empire (1644–1912). The code was based on the Ming legal code, ...

remained in force for the local Chinese population. Until the end of the 19th century, Chinese offenders were still executed by

decapitation Decapitation is the total separation of the head from the body. Such an injury is invariably fatal to humans and all vertebrate animals, since it deprives the brain of oxygenated blood by way of severing through the jugular vein and common c ...

, whereas the British would be put to death by

hanging Hanging is killing a person by suspending them from the neck with a noose or ligature strangulation, ligature. Hanging has been a standard method of capital punishment since the Middle Ages, and has been the primary execution method in numerou ...

. Even deep into the 20th century and well after the fall of the Qing dynasty in China, Chinese men in Hong Kong could still practice

polygamy Polygamy (from Late Greek , "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more tha ...

by virtue of the Qing Code—a situation that was ended only with the passing of the Marriage Act of 1971.

References

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