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Contents

TRANSFERS OF LAW. A CONCEPTUAL ANALYSIS
1. Terms
2. Technicality
3. Contrasts in transfers of law
4. Conclusions
5. Further literature

TRANSITION TO RULE OF LAW. A PHILOSOPHICAL ASSESSMENT OF CHALLENGES AND REALISATIONS IN A PERSPECTIVE
Radical change and unbalance in law in a Central Europe under the rule of myths, not law
Radical changes in law are always dangerous
Rule of law between the Scylla of imported patterns and the Charybdis of actual realisations (a case-study on the experience of Lithuania)
Bibliography of the foundational period of transition to rule of law

LEGAL RENOVATION THROUGH CONSTITUTIONAL JUDICIARY?

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Foreword

The issue of legal effects resulting in a transfer of law(s) had belonged to the circle of investigation of comparative law until the past few decades. By legal history, it was addressed only as far as this was inevitable, as the subject of the national or comparative description of a path covered exactly this and not another way. On the other hand, legal sociology (with legal anthropology which was considered at that time mostly as legal sociology's extension to rural or otherwise primitive marginal conditions) used to treat the above issue exclusively as a means to diagnose some admitted dysfunctionalities in case of failure, seen as quite exceptional or abnormal (compared to success regarded as normal), or-rarely-in order to propose a therapeutic substitute or some bypass measure to be resorted to eventually in order to remedy it.

The situation has radically changed since. The phenomenon itself with the political interest vested in it and the scholarly challenge to understand it and learn from it has equally become general by today. This is expressed by the changing conceptualisation used to describe the phenomenon (which conceptualisations themselves do truly reflect the changes in emphasis having taken place over the past decades while legal transfer became a global process), on the one hand, and also by the scholarly debates that followed (while also provoked) this continuous refinement of emphasis, on the other. The fact that the centre of gravity is being more and more shifted upon legal culture as the medium of sustainment has, as a specific counterbalance, cast a new light on the mere technicality of law as a compact compound ensuring a series of tools, skills and abilities (faceless in themselves) for a given legal culture to develop and manifest itself at all.

All this makes it possible now to draw a few consequences in the light of some examples to be taken as case studies.

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