Reception of legal patterns in a globalising age
Reception, octroi, legal export, transfer or borrowing or transplant, foreign legal aid and assistance, as well as, taken as disciplines, the American movements of Law and Development and Modernisation through the Law as well as the French 'droit du développement' are all to conceptualise different characteristics from differing aspects. Their critical overview and analysis (1. Terms) allows theoretical foundations to be elaborated and the ontology of giving legal patterns to be drawn up in outlines (2. Technicality). The most significant feature in all that is the transcendence of small-minded positivistic attitude that identifies law as a rule by positivation in law as complemented by the law's interpretative medium and by the entire legal culture behind the enterprise of law, is taken as one conglomerate in a totality of approach. This perceives the past half century's efforts at generating such legal effects as a process with obvious successes but also accompanied by considerable failures (3. Contrasts, Criticisms and Alternatives). With regard to the obstinate self-assertion of interests in the background, the question itself is gradually elevated to social policy heights, with the nature of globalisation in its focus. After all, do we act narcissistically, inflicting our traditions on others, or can we support any foreign people selflessly, helping them to find their own way to optimum improvements? Is our interest driven by mere selfish hunger for more power, or by helpful intention? Eventually, which pattern do we prefer from among the stunt of will transference by a circus showman or a gardener's humility attending all ground at all times? True, it may require sacrifices to withstand the temptation by the former, yet only a way leading back to the lessons drawn from experience can be successful in the long run. For ultimately the destiny of modernising reform is up to the selective force of the targeted system, moreover, the latter's environment may determine the law's eventual fate.
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