Legal Transplants
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Legal Transplants
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'', Edinburgh, 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, 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, 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 and his historical school of jurisprudenc ...
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Alan Watson (legal Scholar)
W. Alan J. Watson (1933 – 7 November 2018) was a Scottish legal historian, regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion. He is credited for coining the term " legal transplants". Watson was educated at St John's Grammar school and at the Hamilton Academy, subsequently attending the Glasgow University, graduating in Arts in 1954 and in Law in 1957. He began his professional academic career at Oxford University, before taking the Douglas Chair in Civil Law at the School of Law of his alma mater, the University of Glasgow. He later served as Distinguished Research Professor and held the Ernest P. Rogers Chair at the University of Georgia School of Law. He was also Visiting Professor at the Edinburgh University School of Law, where he held the Chair in Civil Law from 1968 until 1981. Watson regularly served as a distinguished lecturer at leading universities in the United States and such countries as Ita ...
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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 help convey the meaning of the term. ''Geist'' is also a central concept in Georg Wilhelm Friedrich Hegel's 1807 ''The Phenomenology of Spirit'' (''Phänomenologie des Geistes''). Notable compounds, all associated with Hegel's view of world history of the late 18th century, include ''Weltgeist'' "world-spirit", ''Volksgeist'' "national spirit" and ''Zeitgeist'' "spirit of the age". Etymology and translation German ''Geist'' (masculine gender: ''der Geist'') continues Old High German ''geist'', attested as the translation of Latin ''spiritus''. It is the direct cognate of English ''ghost'', from a West Germanic ''gaistaz''. Its derivation from a PIE root ''g̑heis-'' "to be agitated, frightened" suggests that the Germanic word originall ...
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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 20th century (supplanting an earlier French term ''mondialization''), developed its current meaning some time in the second half of the 20th century, and came into popular use in the 1990s to describe the unprecedented international connectivity of the post-Cold War world. Its origins can be traced back to 18th and 19th centuries due to advances in transportation and communications technology. This increase in global interactions has caused a growth in international trade and the exchange of ideas, beliefs, and culture. Globalization is primarily an economic process of interaction and integration that is associated with social and cultural aspects. However, disputes and international diplomacy are also large parts of the history of globalizat ...
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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. It allows for the transfer of information (behaviours, customs, etc.) between individuals and down generations without the need for genetic inheritance." The word ''imitation'' can be applied in many contexts, ranging from animal training to politics. The term generally refers to conscious behavior; subconscious imitation is termed mirroring. Anthropology and social sciences In anthropology, some theories hold that all cultures imitate ideas from one of a few original cultures or several cultures whose influence overlaps geographically. Evolutionary diffusion theory holds that cultures influence one another, but that similar ideas can be developed in isolation. Scholars as well as popular authors have argued that the role of imitation in ...
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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 various forms of interactivity between members of disparate cultural groups (see also cross-cultural communication, interculturalism, intercultural relations, hybridity, cosmopolitanism, transculturation) *the discourse concerning cultural interactivity, sometimes referred to as cross-culturalism (See also multiculturalism, cosmopolitanism, transculturation, cultural diversity) Cross-cultural communication By the 1970s, the field of cross-cultural communication (also known as intercultural communication) developed as a prominent application of the cross-cultural paradigm, in response to the pressures of globalization which produced a demand for cross-cultural awareness training in various commercial sectors. Cultural communication diffe ...
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Psychology
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 between the natural and social sciences. Psychologists seek an understanding of the emergent properties of brains, linking the discipline to neuroscience. As social scientists, psychologists aim to understand the behavior of individuals and groups.Fernald LD (2008)''Psychology: Six perspectives'' (pp.12–15). Thousand Oaks, CA: Sage Publications.Hockenbury & Hockenbury. Psychology. Worth Publishers, 2010. Ψ (''psi''), the first letter of the Greek word ''psyche'' from which the term psychology is derived (see below), is commonly associated with the science. A professional practitioner or researcher involved in the discipline is called a psychologist. Some psychologists can also be classified as behavioral or cognitive scientists. Some psyc ...
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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 of the study. Ethnography is also a type of social research that involves examining the behavior of the participants in a given social situation and understanding the group members' own interpretation of such behavior. Ethnography in simple terms is a type of qualitative research where a person puts themselves in a specific community or organization in attempt to learn about their cultures from a first person point-of-view. As a form of inquiry, ethnography relies heavily on participant observation—on the researcher participating in the setting or with the people being studied, at least in some marginal role, and seeking to document, in detail, patterns of social interaction and the perspectives of participants, and to understand these i ...
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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 adjusts to a new cultural environment as a result of being placed into a new culture, or when another culture is brought to someone. Individuals of a differing culture try to incorporate themselves into the new more prevalent culture by participating in aspects of the more prevalent culture, such as their traditions, but still hold onto their original cultural values and traditions. The effects of acculturation can be seen at multiple levels in both the devotee of the prevailing culture and those who are assimilating into the culture. At this group level, acculturation often results in changes to culture, religious practices, health care, and other social institutions. There are also significant ramifications on the food, clothing, and la ...
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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 the power of music to influence emotions, behaviors, and even morals. Early Greek stories of Orpheus exhibit this idea in a compelling way. The word's use in rhetoric is closely based on the Greek terminology used by Aristotle in his concept of the three artistic proofs or modes of persuasion. It gives credit to the speaker, or the speaker is taking credit. Etymology and origin ''Ethos'' (, ; ''plurals:'' ''ethe'', ; ''ethea'', ) is a Greek word originally meaning "accustomed place" (as in "the habitats of horses/", ''Iliad'' 6.511, 15.268), "custom, habit", equivalent to Latin ''mores''. ''Ethos'' forms the root of ''ethikos'' (), meaning "morality, showing moral character". As an adjective in the neuter plural form ''ta ethika.'' Cu ...
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System Of Law
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more pa ...
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German People
, native_name_lang = de , region1 = , pop1 = 72,650,269 , region2 = , pop2 = 534,000 , region3 = , pop3 = 157,000 3,322,405 , region4 = , pop4 = 21,000 3,000,000 , region5 = , pop5 = 125,000 982,226 , region6 = , pop6 = 900,000 , region7 = , pop7 = 142,000 840,000 , region8 = , pop8 = 9,000 500,000 , region9 = , pop9 = 357,000 , region10 = , pop10 = 310,000 , region11 = , pop11 = 36,000 250,000 , region12 = , pop12 = 25,000 200,000 , region13 = , pop13 = 233,000 , region14 = , pop14 = 211,000 , region15 = , pop15 = 203,000 , region16 = , pop16 = 201,000 , region17 = , pop17 = 101,000 148,00 ...
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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 period from 1800 to 1850. Romanticism was characterized by its emphasis on emotion and individualism, clandestine literature, paganism, idealization of nature, suspicion of science and industrialization, and glorification of the past with a strong preference for the medieval rather than the classical. It was partly a reaction to the Industrial Revolution, the social and political norms of the Age of Enlightenment, and the scientific rationalization of nature. It was embodied most strongly in the visual arts, music, and literature, but had a major impact on historiography, education, chess, social sciences, and the natural sciences. It had a significant and complex effect on politics, with romantic thinkers influencing conservatism, libe ...
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