The term legal transplant was coined in the 1970s by the Scottish legal scholar W.A.J. 'Alan' Watson to indicate the moving of a rule or a system of law from one country to another (A. Watson, ''Legal Transplants: An Approach to

Comparative Law Comparative law is the study of differences and similarities between the law (legal systems) of different countries. More specifically, it involves the study of the different legal "systems" (or "families") in existence in the world, including the ...

'',

Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...

, 1974). The notion of legal transplantation is diffusionism-based and according to this concept most changes in most legal systems occur as the result of borrowing. As maintained by

Watson Watson may refer to: Companies * Actavis, a pharmaceutical company formerly known as Watson Pharmaceuticals * A.S. Watson Group, retail division of Hutchison Whampoa * Thomas J. Watson Research Center, IBM research center * Watson Systems, make ...

, transplantation is the most fertile source of legal development. Laws are commonly inspired by foreign policies and experiences. Regardless of the academic discourses on whether legal transplants are sustainable as a notion in the

legal theory Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...

, they are common practice. Nevertheless, the degree to which new laws are inspired by foreign examples can vary. A frequent and often justified criticism is that imported laws are not suited for a certain local context. German jurist

Friedrich Carl von Savigny Friedrich Carl von Savigny (21 February 1779 – 25 October 1861) was a German jurist and historian. Early life and education Savigny was born at Frankfurt am Main, of a family recorded in the history of Lorraine, deriving its name from the cast ...

and his historical school of jurisprudence, which was inspired by the 19th-century

Romanticism Romanticism (also known as the Romantic movement or Romantic era) was an artistic, literary, musical, and intellectual movement that originated in Europe towards the end of the 18th century, and in most areas was at its peak in the approximate ...

, have notably promoted the origins of the

German people , native_name_lang = de , region1 = , pop1 = 72,650,269 , region2 = , pop2 = 534,000 , region3 = , pop3 = 157,000 3,322,405 , region4 = , pop4 = ...

and their distinctive

ethos Ethos ( or ) is a Greek word meaning "character" that is used to describe the guiding beliefs or ideals that characterize a community, nation, or ideology; and the balance between caution, and passion. The Greeks also used this word to refer to ...

, or

Volksgeist ''Geist'' () is a German noun with a significant degree of importance in German philosophy. Its semantic field corresponds to English ghost, spirit, mind, intellect. Some English translators resort to using "spirit/mind" or "spirit (mind)" to ...

(“the spirit of a people”). Savigny’s school of legal thought expressed the need of legal change to respect the continuity of the Volksgeist offering a pre-Darwinian concept of juristic evolution. However, this concept of juristic evolution did not leave much space for notions such as legal transplants and the diffusion of law. More recently, Pierre Legrand is one of the strongest opponents of legal transplants. Today, legal transplants are often mentioned in the broader process of diffusion of law or legal

acculturation Acculturation is a process of social, psychological, and cultural change that stems from the balancing of two cultures while adapting to the prevailing culture of the society. Acculturation is a process in which an individual adopts, acquires and ...

. J.W. Powell is credited with coining the word “acculturation”, first using it in an 1880 report by the US Bureau of American

Ethnography Ethnography (from Greek ''ethnos'' "folk, people, nation" and ''grapho'' "I write") is a branch of anthropology and the systematic study of individual cultures. Ethnography explores cultural phenomena from the point of view of the subject ...

. He explained that this term refers to the

psychological Psychology is the scientific study of mind and behavior. Psychology includes the study of conscious and unconscious phenomena, including feelings and thoughts. It is an academic discipline of immense scope, crossing the boundaries bet ...

changes induced by

cross-cultural Cross-cultural may refer to *cross-cultural studies, a comparative tendency in various fields of cultural analysis *cross-cultural communication, a field of study that looks at how people from differing cultural backgrounds communicate *any of vari ...

imitation Imitation (from Latin ''imitatio'', "a copying, imitation") is a behavior whereby an individual observes and replicates another's behavior. Imitation is also a form of that leads to the "development of traditions, and ultimately our culture. I ...

. In a broader context, such notion is by many contemporary scholars applied to legal thought. The diffusion of law is a process of legal change in today’s age of

globalization Globalization, or globalisation (Commonwealth English; see spelling differences), is the process of interaction and integration among people, companies, and governments worldwide. The term ''globalization'' first appeared in the early 20t ...

. Studies on diffusion of law are notably a new area of research in the 21st century.

Further reading