Playing the Culture Card in Resisting Cross-Jurisdictional Transplants: A Comment on "Legal Processes and National Culture"

Authors

• John D. Jackson, Queen's University Belfast

Abstract

The article critiques Oscar Chase's argument that cultural differences between nations, particularly Germany and the United States, pose formidable barriers to transplanting legal procedures from one jurisdiction to another. While acknowledging the importance of culture in shaping legal institutions, the analysis suggests that the influence of national culture on legal processes is more nuanced and less deterministic than Chase implies. It argues that legal systems are capable of change and adaptation, and that globalization and convergence of legal traditions may mitigate the predicted cultural misfit.

Disciplines

Civil Law | Civil Procedure | Comparative and Foreign Law | International Law | Law | Law and Society

Recommended Citation

John D. Jackson, Playing the Culture Card in Resisting Cross-Jurisdictional Transplants: A Comment on "Legal Processes and National Culture", 5 Cardozo J. Int'l & Comp. L. 51 (1997).
Available at: https://larc.cardozo.yu.edu/cjicl/vol5/iss1/6