Publication details for Professor Mathias SiemsSiems, Mathias (2018). Malicious Legal Transplants. Legal Studies 38(1): 103-119.
- Publication type: Journal Article
- ISSN/ISBN: 0261-3875, 1748-121X
- DOI: 10.1017/lst.2017.4
- Further publication details on publisher web site
- Durham Research Online (DRO) - may include full text
Author(s) from Durham
It is frequently assumed that legal transplants can help law makers in choosing the best ideas from elsewhere in the world. However, this paper suggests that there can also be cases of ‘malicious legal transplants’. It explains why such transplants emerge and how they may be prevented. This discussion fills a gap in the normative debate about legal transplants: while it is valuable to identify good models, it is equally important to understand how the impact of malicious ideas can be prevented.