Legal Transplants: an Enriching Debate

Abstract

This paper aims to introduce the reader to the analysis of the so-called «legal transplantation» phenomenon by exposing and comparing the postures and ideas that different philosophers, jurists and politicians have adopted regarding this matter. This widespread phenomenon -of legal, political and social nature- has always exercised a major influence on both our legal practice and our national political and legislative debate. However, it has not drawn an equivalent attention in the local academic and doctrinal field. Therefore, this work attempts to attract the attention of legal operators to the phenomenon of the also called «legal borrowings» in order to try to generate a debate about it that enriches the political and legal discussion.