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Reflection on legal transplantation theories: a socio-legal historical study of the formulation and evolution of Chinese marine insurance law
International Journal of Law in Context, Volume: 21, Issue: 1, Pages: 80 - 98
Swansea University Author:
Jia Wang
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DOI (Published version): 10.1017/s174455232400034x
Abstract
This paper offers a socio-legal historical analysis of the process of formulation and evolution of Chinese marine insurance law by transplanting foreign laws, with a view to grasping from the material of legal history and social reality the deeper significance of the imported law’s relation to tradi...
| Published in: | International Journal of Law in Context |
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| ISSN: | 1744-5523 1744-5531 |
| Published: |
Cambridge University Press (CUP)
2025
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| Online Access: |
Check full text
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa67737 |
| Abstract: |
This paper offers a socio-legal historical analysis of the process of formulation and evolution of Chinese marine insurance law by transplanting foreign laws, with a view to grasping from the material of legal history and social reality the deeper significance of the imported law’s relation to tradition, ideology, and environmental context. The key argument is that this perspective reveals how transplanted law emerges as an authorless product shaped by social forces and processes. It is created by the operation of institutional arrangements of law-making, which provide the platform for the interplay of diverse traditions and interests generated by the social environment of the importing jurisdiction. This research integrates several lines of discussion of legal transplantation that lack connection, highlights the impact of the transplanting process, and contributes to current theoretical debates by proposing potential interdisciplinary research for future studies of legal transplantation. |
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| Keywords: |
Comparative law; sociology; legal transplantation; legal historical analysis; qualitative interviews; Chinese marine insurance law |
| College: |
Faculty of Humanities and Social Sciences |
| Funders: |
Swansea University |
| Issue: |
1 |
| Start Page: |
80 |
| End Page: |
98 |