Journal articles: 'Legal Transplant'

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Kristoffersson, Eleonor. "Policy Note: Value Added Tax as a Legal Transplant." Intertax 49, Issue 2 (February 1, 2021): 186–97. http://dx.doi.org/10.54648/taxi2021016.

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In this article, Value Added Tax (VAT) is examined as a legal transplant. The legal transplants theory relies on the assumption that legal transplants are the primary driver behind legal change. In order to establish whether this is the case for VAT, the distribution of VAT across the world is examined. This spread, however, should be evaluated against the different legal VAT families that may be identified around the world in order to determine if the identity of the transplanted system remains. That said, VAT families vary over time, and there is no specified definition of different VAT families. The establishment of the relevance of studying VAT as a legal transplant may feasibly lead to a discussion on whether a legal transplant approach is appropriate for comparative research in VAT since such an approach entails a risk for too much emphasis on similarities. The fact that statutes appear to be similar does not necessarily mean that the law is the same due to various factors such as legal culture. However, with an awareness of the inadequacies of the legal transplants approach as a method for comparative studies, the approach may provide valuable insight into explaining the similarities and differences in VAT. Legal transplants, value added tax, VAT, tax history, comparative methodology, comparative tax law

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Chen-Wishart, Mindy. "LEGAL TRANSPLANT AND UNDUE INFLUENCE: LOST IN TRANSLATION OR A WORKING MISUNDERSTANDING?" International and Comparative Law Quarterly 62, no. 1 (January 2013): 1–30. http://dx.doi.org/10.1017/s0020589312000541.

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AbstractIs legal transplant possible? The stark bipolarity of a ‘yes’ or ‘no’ answer attracted by such a question is much less interesting and revealing than the question: what shapes the life of legal transplants? The answer to the latter question is contingent on a wide range of variables triggered by the particular transplant; the result can occupy any point along the spectrum from faithful replication to outright rejection. This case study of the transplant of the English doctrine of undue influence into Singaporean law asks why the Singaporean courts have applied the doctrine in family guarantee cases to such divergent effect, when they profess to apply the same law. The answer owes less to grand theories than to a careful examination of the nature of the transplanted law and the relationship between the formal and informal legal orders of the originating and the recipient society raised by the particular transplant.

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Ambagtsheer, Frederike, Damián Zaitch, René van Swaaningen, Wilma Duijst, Willij Zuidema, and Willem Weimar. "Cross-Border Quest: The Reality and Legality of Transplant Tourism." Journal of Transplantation 2012 (2012): 1–7. http://dx.doi.org/10.1155/2012/391936.

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Background.Transplant tourism is a phenomenon where patients travel abroad to purchase organs for transplants. This paper presents the results of a fieldwork study by describing the experiences of Dutch transplant professionals confronted by patients who allegedly purchased kidney transplants abroad. Second, it addresses the legal definition and prohibition of transplant tourism under national and international law. The final part addresses the legal implications of transplant tourism for patients and physicians.Methods.The study involved seventeen interviews among transplant physicians, transplant coordinators and policy-experts and a review of national and international legislation that prohibit transplant tourism.Results.All Dutch transplant centers are confronted with patients who undergo transplants abroad. The estimated total number is four per year. Transplant tourism is not explicitly defined under national and international law. While the purchase of organs is almost universally prohibited, transplant tourism is hardly punishable because national laws generally do not apply to crimes committed abroad. Moreover, the purchase of organs (abroad) is almost impossible to prove.Conclusions.Transplant tourism is a legally complex phenomenon that warrants closer research and dialogue. The legal rights and obligations of patients and physicians confronted with transplant tourism should be clarified.

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Goldbach, Toby S. "Why Legal Transplants?" Annual Review of Law and Social Science 15, no. 1 (October 13, 2019): 583–601. http://dx.doi.org/10.1146/annurev-lawsocsci-101518-042617.

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In examining how laws and legal institutions move across jurisdictions, comparative law scholars have employed the metaphor of a legal transplant to conceptualize both the hazards and benefits of taking in another legal system's rules. As law and society scholars become increasingly interested in the international domain, they will naturally seek out disciplines that have grappled with issues of law and culture, diffusion of governance structures, and the social processes involved in transnational lawmaking. We can thus learn a great deal from the rich literature on legal transplants. However, we should also be wary of its anemic examination of relations of power and strive to employ empirical methods to measure the social forces and factors involved. This article gives an historical overview of the key developments and debates within the legal transplant literature and suggests new directions for further research intended for a sociology of the movement of law.

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Grande, Elisabetta. "Alternative dispute resolution, Africa, and the structure of law and power: the Horn in context." Journal of African Law 43, no. 1 (1999): 63–70. http://dx.doi.org/10.1017/s002185530000872x.

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Data collected by comparative legal scholars show that legal transplants usually take place from more complex societies to less complex ones. By contrast, the alternative dispute resolution (ADR) movement that has recently developed in modern societies has been described as a return to a simple model of dispute settlement used in the past and in modern non-Western societies. Does this mean that we are experiencing a new kind of legal transplant, a transplant from less complex to more complex societies? In this article I will argue that this is not the case. Far from being a transplant from the southern to the northern hemisphere, ADR seems indeed to be a modern legal institution born from the retreat of the state from some of its traditional functions. A different question thus needs exploring: is ADR, at least, an institution that can easily be transplanted to Africa where the original transplant of the Western state has failed? In other words, is conciliatory ADR more similar to the African way of dealing with conflicts and consequently to be recommended as the dispute resolution mechanism for modern African states? The question appears to be appropriate in situations such as the one in the Horn of Africa—particularly Eritrea—where the new political leadership is confronting the difficult task of building a new legal system.

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Ma, T. C. "LEGAL TRANSPLANT, LEGAL ORIGIN, AND ANTITRUST EFFECTIVENESS." Journal of Competition Law and Economics 9, no. 1 (January 16, 2013): 65–88. http://dx.doi.org/10.1093/joclec/nhs032.

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Dean, Meryll. "Legal transplants and jury trial in Japan." Legal Studies 31, no. 4 (December 2011): 570–90. http://dx.doi.org/10.1111/j.1748-121x.2011.00197.x.

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Alan Watson's theory of legal transplants was pioneering and innovative. It moved comparative law beyond ideas of legal families and legal systems by providing both a tool and a metaphor for examining hybrid, or mixed, legal systems. However, socio-legal comparativists in particular criticised his approach because of its failure adequately to acknowledge the importance of legal culture in transplant theory. As a hybrid legal system Japan provides an operative laboratory of comparative law. This paper examines jury trial to evaluate Watson's theory. It concludes by offering a new threefold categorisation of legal transplants.

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Wise, Edward M. "The Transplant of Legal Patterns." American Journal of Comparative Law 38 (1990): 1. http://dx.doi.org/10.2307/840531.

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Sorokina, E. A. "G. Frankenberg Theory of Constitutional Transfer in the Context of the Predictive Function of Comparative Law." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (December 17, 2022): 64–71. http://dx.doi.org/10.17803/2311-5998.2022.97.9.064-071.

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The use of the organic metaphor of transplant to describe the phenomenon of legal borrowing is not unique and has long been reflected in legal history and comparative law.However, the use metaphor of legal transplant has become widespread only since the 1970s. Despite the fact that the theory of legal transplants is the most controversial and debatable, at the same time it has become the main prerequisite for recognizing the need to develop and improve classical, traditional approaches as well as meaningful expansion of already existing legal categories. One of the modern conceptual approaches in this field is the theory of constitutional transfer of the German scholar G. Frankenberg. In his theory the process of constitutional transfer presented as complex and multistage and also he focuses its impact and subsequent consequences.

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Arvind, T. T. "THE ‘TRANSPLANT EFFECT’ IN HARMONIZATION." International and Comparative Law Quarterly 59, no. 1 (January 2010): 65–88. http://dx.doi.org/10.1017/s0020589309990017.

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AbstractThis article examines the problem of divergent judicial interpretation of harmonized documents. Drawing on the experience of harmonization of the law of arbitration, it points out that divergent interpretation runs much deeper than is commonly assumed, and shows strong similarities to the ‘transplant effect’ discussed in the literature on legal transplants. The article examines why the transplant effect shows up in harmonization, and considers its importance for the eventual success or failure of harmonization projects.

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Rashid, Mujahid Mahdi, and Kasim Hayall Resan. "Conditions of Legal Transplant: A Study Within The Scope of The Philosophy of Law." Akkad Journal Of Law And Public Policy 1, no. 4 (March 18, 2022): 172–81. http://dx.doi.org/10.55202/ajlpp.v1i4.84.

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It is challenging to establish conditions for a flexible and uncontrolled legal phenomenon, such as the phenomenon of legal implantation, because it is changing by changing its constituent elements. Yet, we have tried to establish two conditions: general conditions close to the legal transplant process, which can apply to almost all legal transplants. We called these conditions (verification conditions). Once these conditions are met, we are facing an integrated legal transplant. These conditions include; the first condition indicating there should be a transition of the legal base from one country to another. The value of this requirement is excellent in terms of the distinction between legal transplantation and other transfers of legal rules between countries. The second requirement of verification is that the legal law transferred is foreign of foreign origin, i.e., foreign from the receiving legal environment. The third condition is that the legal transplant should occur in the receiving state's legal system. As for the second type of conditions, which we called (conditions of success), they are conditions related to the success of the legal transplant and achieving its desired objectives, and this type of conditions falls under it a lot of sub-conditions, so we tried to put titles for these conditions characterized by the capacity of the meaning, to understand many details, which can not be searched to make them independent addresses, These conditions are: the condition of legal participation and legal harmony, and this condition represents the fundamental foundations of the legal families, and the second condition is the cultivation of laws that have proved successful in the exporting country, and the importance of this condition lies in avoiding going into the experience of new statutes or has not yet succeeded. This condition is urgent in the success of the legal transplant process in terms of the political will of the law to be implanted in terms of identifying its pros and cons, in addition to the awareness of this political will with the needs, problems, and desires of its society, which makes it choose the right lawyer for its social environment

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Kindji, Kévine, and Michael Faure. "Shrimp Export from Benin vs Food Safety in Europe: Reconcilable Interests?" European Journal of Risk Regulation 5, no. 2 (June 2014): 187–200. http://dx.doi.org/10.1017/s1867299x00003597.

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In order to secure their fishery products market share in the EU, third countries, especially the developing ones, tend to transplant EU requirements into their domestic legal order. In reality, theses transplanted laws do not correspond to measures to reach a level of protection needed by the country of destination. Based upon the case of Benin, this paper intends to show that when these legal transplants are adversely made, they can in some cases have disastrous effects. It can be argued that an unintended result of EU policy was that it contributed to the collapse of the shrimp industry in Benin. The paper moreover argues that despite the stringency of the EU requirements, the implementation of its control policy might inadequately protect European consumers of shrimp.

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Whittaker, Sean. "The Right of Access to Environmental Information and Legal Transplant Theory: Lessons from London and Beijing." Transnational Environmental Law 6, no. 3 (May 23, 2017): 509–30. http://dx.doi.org/10.1017/s2047102517000115.

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AbstractThis article analyzes the potential for legal transplant theory to strengthen the legal regimes that guarantee the right of access to environmental information in England and China. Guaranteed by the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, the right has a substantial impact on how individuals can act as environmental stewards. However, despite the framework provided by the Aarhus Convention, there are shortcomings in how these states guarantee the right when compared with the obligations set by the provisions of the Convention. The article applies Alan Watson’s legal transplant theory to the environmental information regimes in England and China and considers the likelihood of each jurisdiction sourcing legal reforms from the other. It also seeks to identify common trends shared by each jurisdiction and the impact of the Aarhus Convention on such transplants.

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Ferrando, Tomaso. "Private Legal Transplant: Multinational Enterprises as Proxies of Legal Homogenisation." Transnational Legal Theory 5, no. 1 (July 22, 2014): 20–59. http://dx.doi.org/10.5235/20414005.5.1.20.

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Larsson-Olaison, Ulf. "Convergence of corporate governance systems: A legal transplant perspective." Competition & Change 24, no. 5 (October 4, 2018): 450–70. http://dx.doi.org/10.1177/1024529418800592.

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The predominant approaches to comparative corporate governance view legal transfers dichotomously, seeing corporate governance systems as either converging or diverging as a result of legal reform. Drawing on legal studies, this paper proposes an alternative model using the metaphor of the staircase to conceptualize how legal transplants can meet different evaluation criteria before being considered ‘successful’. The model is empirically illustrated by the introduction of the Swedish Corporate Governance Code. It is found that different corporate governance rules when transplanted could be said to meet evaluation criteria more or less strictly. This finding has implications for our empirical and theoretical understanding of how corporate governance systems converge.

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Örücü, Esin. "Law as Transposition." International and Comparative Law Quarterly 51, no. 2 (April 2002): 205–23. http://dx.doi.org/10.1093/iclq/51.2.205.

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Legal scholars approach law in many ways. They are dedicated to various trends such as ‘law as rules’, ‘law as system’, ‘law as culture’, ‘law as tradition’, ‘law as social fact’, ‘law in context’, ‘law and history’, ‘law and economics’, and ‘law and legal theory’. Most comparative lawyers also are aligned to these trends. Some of the trends share belief in the reality of mobility of law, seeing law reform to be partly related to choice from pools of models supplied from a number of legal systems. There is, however, disquiet as to the appropriateness of the phenomenon of ‘legal transplants’ as the predominant explanation of law reform. The disquiet is related both to this mode of law reform and to the conceptual frame suggested by the terminology. It is said that law reform should be from within, and that since a transplanted institution continues to live on in its old habitat as well as having been moved to a new one, the choice of the word ‘transplant’ is inappropriate.1

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Miller, Jonathan M. "A Typology of Legal Transplants: Using Sociology, Legal History and Argentine Examples to Explain the Transplant Process." American Journal of Comparative Law 51, no. 4 (2003): 839. http://dx.doi.org/10.2307/3649131.

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Backenköhler Casajús, Christian J. "Transplante jurídico = Legal trasplant." EUNOMÍA. Revista en Cultura de la Legalidad, no. 17 (September 27, 2019): 262. http://dx.doi.org/10.20318/eunomia.2019.5032.

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Resumen: El trasplante jurídico es una metáfora del derecho comparado creada para señalar el traspaso normativo que se produce entre diferentes ordenamientos jurídicos. En un primer momento, el trasplante jurídico sirvió para demostrar que, desde hace tiempo, el traspaso normativo fue un mecanismo frecuentemente utilizado para crear nuevos sistemas jurídicos o para la adaptación o renovación de muchos de ellos. Pero, con el tiempo, se ha ido configurando como un concepto que, aparte de describir el traslado de una norma de un sistema jurídico a otro, trata también de explicar las posibles consecuencias que puede sufrir el ordenamiento jurídico receptor. En la actualidad, el trasplante jurídico está sirviendo para explicar la transferencia normativa entre diferentes ordenamientos jurídicos en el contexto de la globalización y también como indicador de la existencia de un pluralismo jurídico en el espacio jurídico actual.Palabras clave: Trasplante jurídico, pluralismo jurídico, derecho comparado, préstamo jurídico, pluralismo cultural.Abstract: The legal transplant is a comparative law metaphor created to indicate the normative transfer that occurs between different legal systems. At first, the legal transplant served to demonstrate that, for a long time, the normative transfer was a mechanism frequently used to create new legal systems or, also, for the adaptation or renewal of many of them. Over time, however, it has developed into a concept which, apart from describing the transfer of a rule from one legal system to another, also seeks to explain the possible consequences that the receiving legal system may suffer. At present, legal transplant is serving to explain the normative transfer between different legal systems in the context of globalization and, also, as an indicator of the existence of legal pluralism in the current legal space.Keywords: Legal trasplant, legal pluralism, comparative law, legal borrowing, cultural pluralism.

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Movsum Huseynli, Nargiz. "The concept of donor and recipient and their legal status." SCIENTIFIC WORK 61, no. 12 (December 25, 2020): 129–32. http://dx.doi.org/10.36719/2663-4619/61/129-132.

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In the field of transplantation of human organs and tissues, the donor is a person who voluntarily donates his organs and tissues to transplant patients, and the recipient is a person who transplants organs and tissues for therapeutic purposes. It should be noted that if the donor is under 18 years of age, it is not allowed to remove organs and tissues for transplantation purposes, except for bone marrow. Also, the medical decision on transplantation is made directly to the recipient, if the recipient is considered to be under 18 years of age and legally incapable, then the information is passed on to legal representatives of the recipient. Transplantation of human organs and tissues is carried out on the basis of medical instructions in accordance with the rules of surgery. The main point is that if it is not possible to save human life or restore health through other medical methods and through corpse organs and tissues, then the recipient is allowed to transplant organs and tissues from the donor. Key words: Transplantation, Donor, Recipient, Brain Death, Donor and Recipient Consent

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Wang, Ling. "Legal transplant and cultural transfer: The legal translation in Hong Kong." Across Languages and Cultures 11, no. 1 (June 2010): 83–91. http://dx.doi.org/10.1556/acr.11.2010.1.5.

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TRAN, Kien, Nam Ho PHAM, and Quynh-Anh Lu NGUYEN. "Negotiating Legal Reform through Reception of Law: The Missing Role of Mixed Legal Transplants." Asian Journal of Comparative Law 14, no. 2 (November 12, 2019): 175–209. http://dx.doi.org/10.1017/asjcl.2019.36.

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AbstractOur research proposes ‘mixed legal transplant’ as a new concept in theories of legal transplantation. While the concept of legal transplantation is real, the phenomenon is much more complicated than what is often depicted and discussed by the academic community. In modern times, legal transplantation is often an informed reception by independent sovereign nations or people of two or more sets of rules from different jurisdictions, rather than a simplistic and passive reception of rules from one country to another. Using Vietnam as a case study, this article analyzes the deliberate consideration of two different models of precedent in the civil and common law traditions by Vietnamese lawmakers, and their choice of a mixed legal transplant in the hope that it would be best suited to the needs of a socialist country in transition. Its methods and results, however, are still in doubt and have been criticized as possibly creating uncertainty due to their structural incoherence. This article therefore concludes by proposing recommendations based on legal tradition to correct the misuse of the mixed legal transplant in Vietnam, and we hope that these recommendations can serve as a model for other countries.

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Muller, P. E., and L. J. J. Rogier. "Een legal transplant in het Curaçaose belastingrecht." Caribisch Juristenblad 7, no. 2 (October 2018): 130–38. http://dx.doi.org/10.5553/cjb/221132662018007002002.

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陳韻如, 陳韻如. "邊緣異常或無所不在？法律移植作為法社會研究概念工具." 政大法學評論 2022特刊, no. 2022特刊 (December 2022): 1–54. http://dx.doi.org/10.53106/10239820202212s001001.

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Penca, Jerneja. "Transnational legal transplants and legitimacy: the example of ‘clean’ and ‘green’ development mechanisms." Legal Studies 36, no. 4 (December 2016): 706–24. http://dx.doi.org/10.1111/lest.12132.

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The introduction of the Green Development Mechanism (GDM) as a governance tool for biodiversity conservation is presented as a legal transplant, originating in the Clean Development Mechanism from the climate regime. The case provides an instance of a transplanted legal idea not from one jurisdiction to another but between two transnational regimes. The legal transplantation approach highlights the motives for replication and factors that hinder it. In this context, the discussion reveals that while the GDM was constructed for effectiveness concerns, it was presented as a transplant in order to import to the newly established model legitimacy from the original one. Yet, a uniform acceptance of the transplant was prevented because of divergent evaluations of the original model. The existence of several, not one, ideologies and perceptions explains why transplanting is a highly unpredictable strategy for fostering acceptance of a legal idea in the transnational space, and ultimately for its implementation. Following the recognition that legitimacy cannot be inherited, the initiative employed a mixed strategy to ensure its acceptance, based on the democratic principles and effectiveness that are expected from non-state authorities, as well as the consensus-based, treaty-grounded ‘rules of the game’ of state actors. The case highlights how the universal endorsement of all states, and the appearance of alignment with international norms and intergovernmental institutions, remain significant goals of transnational initiatives.

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Rhodes, Rosamond, and Thomas Schiano. "Transplant Tourism in China: A Tale of Two Transplants." American Journal of Bioethics 10, no. 2 (February 4, 2010): 3–11. http://dx.doi.org/10.1080/15265160903558781.

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Carvalho, Julio. "Law, language, and knowledge: Legal transplants from a cultural perspective." German Law Journal 20, no. 1 (February 2019): 21–45. http://dx.doi.org/10.1017/glj.2019.4.

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AbstractIn this Article, I have analyzed the philosophical grounds on which stands the conception of law implied in legal transplants. On the one hand, behind the idea of legal transplants lurks the misleading assumption that two different legal cultures share common epistemological accounts of what is meant by law; on the other, the idea that a certain legal institution verbally framed may be exported to another culture and touch off similar interpretations and conceptual performances reflects, at its core, a conception of language based on an isomorphic correspondence between legal words and the meanings those words are to stand for. My goal has been to critically expose the philosophical backdrop that lies behind the conception of law implied in the idea of a legal transplant with an eye to the cultural perspective. To this end, I have availed myself of different but convergent perspectives gathered from Wittgenstein’s pragmatic philosophy of language, Geertz’s cultural anthropology, Eco’s semiology, Harris’ integrational epistemology, and Rosen’s cultural theory of law, as a methodological strategy to spotlight different facets of the problem in three dimensions: Language, knowledge, and law.

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Wahyuni, Sri. "Legal Transplant: Influence of The Western Legal System in The Muslim Countries." Justicia Islamica 19, no. 1 (June 20, 2022): 21–37. http://dx.doi.org/10.21154/justicia.v19i1.2756.

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Dragos, Dacian C. "The Romanian Ombudsman – A Legal Transplant Moulded by the Domestic Legal Culture." Review of European Administrative Law 14, no. 1 (May 14, 2021): 185–206. http://dx.doi.org/10.7590/187479821x16190058548790.

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Romanian administrative law has undergone transitory challenges, both following the changing of the political regime in 1989 and following the EU accession in 2007. The transplanting of international models of legal institutions has been strenuous at times has been strenuous. This paper showcases the trials and tribulations of a novel institution for the Romanian system: the Ombudsman. The Ombudsman was meant to mediate between the administration and citizens, to issue recommendations, and to foster good administrative practices. Over time, however, its role has been diverted to that of a constitutional mediator between the powers of the state.

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Lawrence, Mantinkang Formbasso. "An Appraisal of the Influence of Legal Transplant on National Legal Systems." European Journal of Comparative Law and Governance 7, no. 1 (March 2, 2020): 89–108. http://dx.doi.org/10.1163/22134514-00701003.

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States may use foreign law for different reasons. Courts can do so when faced with a controversial new issue for which no apparent solution is found under national law. Often countries refer to laws or legal practices of other countries within the same legal family. This is done by Cameroonian courts, especially in the English speaking regions where the common law legal system applies. This paper analyses the impact and legitimacy of the use of foreign law paying particular attention to Cameroon. The analysis will be based on the following sequence: comparative law and national legislatures; comparative law and national courts; voluntary recourse to foreign law in domestic disputes; legitimacy of comparative law influence and reasoning; motives and strategies in valuing foreign law; and the extent to which legal systems are opened to foreign influence. The paper concludes that the Cameroon legal systems (common law and civil law) are highly influenced by legal transplant.

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Kaneko, Yuka. "Land-Law Reforms in Vietnam and Myanmar: “Legal Transplant” Viewed from Asian Recipients." Asian Journal of Law and Society 8, no. 2 (June 2021): 402–28. http://dx.doi.org/10.1017/als.2020.45.

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AbstractThis paper focuses on the conflict of norms in the interface between the “transplanted” formal law and the local social norms in the land-law reforms in Vietnam and Myanmar, each representing different legal families, while sharing commonness in that both have attempted law-making in the post-colonial independence period in order to restore the basis of the livelihoods of the local population. Both of the legal concepts of “land-use right” (quyen su dung dat) in Vietnam and “land-use right for cultivation” (loat paing kwint) in Myanmar have been the product of law-makers’ restorative attempts at farmland security, while intentionally avoiding usage of the term “ownership” that would result in the capitalist transaction of land as a commodity. However, the contemporary land-law reforms led by donor-oriented “legal transplant” in these countries have resulted in the plunder of such policy, by reintroducing the same mechanisms of land exploitation as existed in the colonial days. Roaring protests of the local agricultural population seem to be a rising-up of the social norm descended from the immemorial past as an unwritten Constitution to bring an end to the centuries-long movement of “legal transplant” of the modern capitalist law.

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Shiell, Richard C. "Summaries of Legal Cases: Involving Hair Transplant Procedures." International Society of Hair Restoration Surgery 4, no. 4 (July 1994): 14.2–17. http://dx.doi.org/10.33589/4.4.0014a.

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Murthy, C. R. Vasudeva, Molugulu Nagashekhara, Lim Tzer Chyn, Vijaya Paul Samuel, Kumaraswamy Kademane, Kumar Shiva Gubbiyappa, and B. S. Pushpa. "Ethical, Social and Legal Intricacies on Facial Transplant." Anthropologist 25, no. 1-2 (July 2016): 117–21. http://dx.doi.org/10.1080/09720073.2016.11892096.

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Hans, Valerie P. "Trial by Jury: Story of a Legal Transplant." Law & Society Review 51, no. 3 (August 14, 2017): 471–99. http://dx.doi.org/10.1111/lasr.12284.

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Flaherty, Gerard Thomas, Nizrull Nasir, Conor M. Gormley, and Suyash Pandey. "Transplant Tourism and Organ Trafficking: Current Practices, Controversies and Solutions." International Journal of Travel Medicine and Global Health 9, no. 3 (June 26, 2021): 102–6. http://dx.doi.org/10.34172/ijtmgh.2021.17.

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The controversial subject of transplant tourism has been neglected in the travel medicine literature. According to the Declaration of Istanbul, travel for transplantation can be regarded as transplant tourism if it involves organ trafficking and/or commercialised transplantation activities. While no registry of transplant tourism activities exists, published case series point to significant negative clinical outcomes. Adverse outcomes among donors include postoperative depression and anxiety, deterioration in health status, poor surgical wound care, and negative financial effects. Poor perioperative management, inadequate immunosuppression, blood transfusion-associated infections, antibiotic-resistant bacterial infections and invasive fungal infections, are among the most commonly reported complications in transplanted patients. Iran operates a legal and ethically regulated system of rewarded altruistic kidney donation. Travel medicine practitioners have a role to play in protecting the health of intending transplant tourists through targeted pre-travel health counselling and vaccination.

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Iyer, Subramania, Mohit Sharma, P. Kishore, Jimmy Mathew, Sundeep Vijayaraghavan, Janarthanan Ramu, Abhijeet Wakure, et al. "First two bilateral hand transplantations in India (Part 1): From vision to reality." Indian Journal of Plastic Surgery 50, no. 02 (May 2017): 148–52. http://dx.doi.org/10.4103/ijps.ijps_93_17.

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ABSTRACT Introduction: Vascularized composite tissue allotransplantation is a relatively new concept, which was unavailable in the Indian subcontinent till a bilateral hand transplant was carried out successfully in January 2015. Materials and Methods: The setting up of the transplant programme involved obtaining legal clearances, creating public awareness, harnessing the institutional facilities, drawing up protocols, assembling the surgical team, managing immunological issues, rehabilitation and preparing the ancillary services. Results: Both, the first and second bilateral hand transplants were resounding successes with both the recipients getting back to their original daily routines. Conclusions: The organisation of the hand transplant programme was a large task, which necessitated intensive planning, and cooperation from various teams within and outside the institution. Exemplary team-work was the key to the phenomenal success of these path breaking endeavors in the subcontinent.

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GLANNON, WALTER. "Responsibility and Priority in Liver Transplantation." Cambridge Quarterly of Healthcare Ethics 18, no. 1 (January 2009): 23–35. http://dx.doi.org/10.1017/s0963180108090051.

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In a provocative 1991 paper, Alvin Moss and Mark Siegler argued that it may be fair to give individuals with alcohol-related end-stage liver disease (ARESLD) lower priority for a liver transplant than those who develop end-stage liver disease (ESLD) from other factors. Like other organs, there is a substantial gap between the available livers for transplantation and the number of people who need liver transplants. Yet, unlike those with end-stage renal disease, who can survive for some time on dialysis before receiving a kidney transplant, those with liver failure will die without a liver transplant.

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Flores, Alfredo De J., and Gustavo Castagna Machado. "TRADUÇÃO CULTURAL: UM CONCEITO HEURÍSTICO ALTERNATIVO EM PESQUISAS DE HISTÓRIA DO DIREITO * CULTURAL TRANSLATION: AN ALTERNATIVE HEURISTIC CONCEPT IN LEGAL HISTORY RESEARCHES." História e Cultura 4, no. 3 (December 16, 2015): 118. http://dx.doi.org/10.18223/hiscult.v4i3.1695.

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Resumo: O presente artigo analisa o conceito heurístico de tradução cultural proposto pelo historiador do Direito Thomas Duve como um conceito heurístico alternativo em pesquisas de história do Direito. Tradução cultural é compreendida em sentido amplo, significando tanto a versão de um texto para outra língua, como a introdução e a necessária adaptação de pensamentos a contextos políticos, econômicos e institucionais distintos do originário. Com o trabalho dividido em quatro partes, a primeira trata de novos conceitos heurísticos utilizados na abordagem ao método da história jurídica por Thomas Duve, a segunda diferencia os conceitos de tradução, transplante e irritação, a terceira trata de tradução linguística stricto sensu e a quarta trata de tradução cultural aplicada à história do Direito.Palavras-Chave: Tradução Cultural; Transplante Jurídico; Irritação Jurídica; Recepção; Metodologia da História do Direito.Abstract: This article analyzes the heuristic concept of cultural translation proposed by the legal historian Thomas Duve as an alternative heuristic concept to legal history research. Cultural translation is understood in a broad sense, meaning not only the translation of a text into another language, but also the introduction and the necessary adaptation of thoughts to political, economic, and institutional contexts different to the originating one. With the paper divided into four parts, the first one deals with the new heuristic concepts explored in the approach to the legal history method by Thomas Duve, the second one differentiates the concepts of translation, transplant, and irritation, the third one deals with language translation in the strict sense, and the fourth one deals with cultural translation applied to legal history.Keywords: Cultural Translation; Legal Transplant; Legal Irritant; Reception; Legal History Methodology.

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Chi Cong, Le, Linh Tran, Le Thi Phong Lan, Giang Jan Nguyen, Mohamed Essam Elrggal, Nam Nguyen Hai, Huy Nguyen Tien, and Truong Nguyen Duc. "Transplant tourism: a literature review on development, ethical and law issues." MedPharmRes 7, no. 1 (June 20, 2022): 27–38. http://dx.doi.org/10.32895/ump.mpr.7.1.5.

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Objectives: This study aims to narratively review the progression of ethical and legal issues related to transplant tourism. Methods: PubMed search and Google search with keywords were used in March 2022 to identify relevant studies and law documentation. Results: The progression of transplant tourism was classified into three main periods. Before 2000, the most popular destination country was India (1,308 cases), this period was characterized by the absence of laws and regulations worldwide. The period from 2000 to 2010 was the peak explosion of transplant tourism, China became the most popular destination of tourists (7,591 cases). This triggered alarms by World Health Organization (WHO) resolution in 2004 and Istanbul declaration in 2008 calling for regulations to prohibit transplant tourism. From 2010 till today, additional scientific publications reported several complications in overseas transplanted patients. Laws and regulations restricting transplant tourism were promulgated by many countries such as Israel, Taiwan, Spain and others. Conclusions: Transplant tourism is considered as illegal worldwide. WHO and many developed countries announced laws and measures to prevent this activity. The incidence of transplant tourism is currently decreasing, continued efforts should persist to end this criminal act.

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Emeziem, Cosmas. "From Judicial Transplants to Judicial Translations: Constitutional Courts in Southern Africa – A Comparative Review." International and Comparative Law Review 19, no. 1 (June 1, 2019): 74–124. http://dx.doi.org/10.2478/iclr-2019-0003.

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Summary The contemporary legal landscape in Southern Africa and its responsiveness to the challenges in the region can be explained in many ways. Part of the explanation has been the idea of legal transplants—which entails borrowing and adapting legal norms, and structures from different legal systems in order to resolve legal problems in the region. The end of apartheid and other rapid changes in the region—political, racial, economic and social—has directly placed the courts on the frontlines of human rights protection especially on socio-economic rights and other overarching concerns of law reform. The adoption of constitutional courts in some of the countries, and consequent judicial activist turn in the jurisprudence of courts in the region generally; has inserted the courts into the mainstream of policy deliberations. Thus, this paper claims that legal transplant per se does not explain the full reality of what is going on in the region—in terms of nomativization, transmission, adoption, and adaptation of legal ideas within the respective systems in the region. It further claims that a mesh of different understandings and approaches to legal comparison and development is more suitable as a method of studying pluralist complex systems as we see in the region. Hence, the notion of judicial translation—the judiciary forming the membrane, purveyor and capillary of legal transmission—as an essential lens through which we can better view and understand the legal evolution in the region. Taking the institution of courts – particularly constitutional courts—and examining their jurisprudence as epitomized in some of their decisions of finality—the work seeks to begin a meaningful deliberation about the role of courts in law, social change, and policy in the region. It is divided into three major parts for ease of discourse. It is hoped that this would be a fitting exordium into the more significant meaning of legal transplant through judicial intervention in otherwise predominantly policy questions in the Southern African region.

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Roghină, Răzvan Cosmin. "The Theory of Forms Without Substance a Romanian Legal Transplant Theory Ahead of its Time." Journal of Legal Studies 26, no. 40 (December 1, 2020): 142–55. http://dx.doi.org/10.2478/jles-2020-0017.

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AbstractComparative law and legal history show us that law is dynamic, always in continuous development, change, or mutation. This dynamic dimension has become a central concern for the comparative law scholars. The circulation of legal models in the world (e.g. legal transplant, legal transfer, legal borrowing, legal migration) is an evergreen issue. This phenomenon has provoked numerous doctrinal disputes, which have been encapsulated in complex theories on its possibilities and impossibilities. In the present article, we will not explore the many modern theories regarding legal transplantation (or under other metaphors). Instead, we will go back in time, in the second half of the nineteenth century, to explore an interesting Romanian theory that seems to have anticipated a series of modern ideas regarding the purpose, possibilities, and impossibilities of the circulation of legal models in the world. Following this approach, the main conclusion will be resumed to the idea that the Romanian theory of forms without substance can be integrated within the modern theories of legal transplant.

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Tilden, Samuel J. "Ethical and Legal Aspects of Using an Identical Twin as a Skin Transplant Donor for a Severely Burned Minor." American Journal of Law & Medicine 31, no. 1 (March 2005): 87–116. http://dx.doi.org/10.1177/009885880503100103.

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On January 7, 2003, Sydney Cowan, a healthy six-year-old girl, underwent skin harvesting, specifically to be used for her badly burned identical twin sister, Jennifer. A day earlier, the Probate Court of Jefferson County, Alabama, after considering whether a healthy minor twin sibling could serve as a skin donor for her severely burned sister, authorized parental consent to the surgery. More accurately, the court addressed whether Sydney could undergo surgical procedures that provided her with no physical benefit, but, rather, resulted in harmful effects, such as acute postoperative pain, permanent residua, and potential long-term emotional and psychological dysfunction.Although the transplants were extraordinarily successful, and the newspaper article depicted Sydney's participation in heroic terms, the harvesting of Sydney's skin was ethically problematic. Specifically, I assert that the use of an incompetent minor as a skin transplant donor, even if an identical twin, is not justified unless the transplant will save the recipient's life.

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Testa, Giuliano, and Peter Angelos. "The Transplant Surgeon and Transplant Tourists: Ethical and Surgical Issues." American Journal of Bioethics 10, no. 2 (February 4, 2010): 12–13. http://dx.doi.org/10.1080/15265160903506434.

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Chin, H. Paul. "Case Vignettes in Transplant Psychiatry Ethics." Cambridge Quarterly of Healthcare Ethics 31, no. 3 (July 2022): 386–94. http://dx.doi.org/10.1017/s0963180121001079.

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AbstractThe demand for liver transplants continues to far exceed the number of available viable donor organs; hence, it is of utmost importance to determine those individuals who are best able to care for these valuable, limited resources as potential recipients. At the same time, psychiatric comorbidity is common in the course of end-stage liver disease and can be mutually complicating. This article focuses on liver transplant candidacy from a psychiatric perspective, using illustrative cases to underscore the foundational facets of medical ethics that serve as the guide to these complex medical and ethical decisions.

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MacDonald, Helen. "Crossing the Rubicon: Death in ‘The Year of the Transplant’." Medical History 61, no. 1 (December 21, 2016): 107–27. http://dx.doi.org/10.1017/mdh.2016.103.

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How death should be measured was a subject of intense debate during the late 1960s, and one in which transplant surgeons had a particular interest. Legislation required a doctor to first pronounce ‘extinct’ the patients from whom ‘spare parts’ were sought for grafting. But transplant surgeons increasingly argued the moment of death was less important than was the moment of establishing that a patient was beyond the point of no return in dying, at which time she or he should be passed to the transplant team. This raised concerns that people identified as being a potential source of organs might not be adequately cared for in their own right. In 1968 the World Medical Association issued an international statement on death at its meeting in Sydney, Australia following a debate between delegates about how and by whom death should be assessed prior to organ removal. Soon afterwards Australian surgeons performed two of the one hundred and five heart transplants carried out around the world that year, dubbed by theNew York Timesto be one during which an ‘international epidemic’ of such grafts were carried out. This essay examines debates about death and transplanting, then analyses the pioneering Australian heart transplants, in the context of the Declaration of Sydney and continuing international discussions about whether these operations were moral and legal.

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Tenenbaum, Evelyn M. "Bartering for a Compatible Kidney Using Your Incompatible, Live Kidney Donor: Legal and Ethical Issues Related to Kidney Chains." American Journal of Law & Medicine 42, no. 1 (March 2016): 129–69. http://dx.doi.org/10.1177/0098858816644719.

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Kidney chains are a recent and novel method of increasing the number of available kidneys for transplantation and have the potential to save thousands of lives. However, because they are novel, kidney chains do not fit neatly within existing legal and ethical frameworks, raising potential barriers to their full implementation.Kidney chains are an extension of paired kidney donation, which began in the United States in 2000. Paired kidney donations allow kidney patients with willing, but incompatible, donors to swap donors to increase the number of donor/recipient pairs and consequently, the number of transplants. More recently, transplant centers have been using non-simultaneous, extended, altruistic donor (“NEAD”) kidney chains—which consist of a sequence of donations by incompatible donors—to further expand the number of donations. This Article fully explains paired kidney donation and kidney chains and focuses on whether NEAD chains are more coercive than traditional kidney donation to a family member or close friend and whether NEAD chains violate the National Organ Transplant Act's prohibition on the transfer of organs for valuable consideration.

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Corfee, Floraidh AR. "Transplant tourism and organ trafficking." Nursing Ethics 23, no. 7 (August 3, 2016): 754–60. http://dx.doi.org/10.1177/0969733015581537.

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Organ availability for transplantation has become an increasingly complex and difficult question in health economics and ethical practice. Advances in technology have seen prolonged life expectancy, and the global push for organs creates an ever-expanding gap between supply and demand, and a significant cost in bridging that gap. This article will examine the ethical implications for the nursing profession in regard to the procurement of organs from an impoverished seller’s market, also known as ‘Transplant Tourism’. This ethical dilemma concerns itself with resource allocation, informed consent and the concepts of egalitarianism and libertarianism. Transplant Tourism is an unacceptable trespass against human dignity and rights from both a nursing and collective viewpoint. Currently, the Australian Nursing and Midwifery Council, the Royal college of Nursing Australia, The Royal College of Nursing (UK) and the American Nurses Association do not have position statements on transplant tourism, and this diminishes us as a force for change. It diminishes our role as advocates for the most marginalised in our world to have access to care and to choice and excludes us from a very contemporary real debate about the mismatch of organ demand and supply in our own communities. As a profession, we must have a voice in health policy and human rights, and according to our Code of Ethics in Australia and around the world, act to promote and protect the fundamental human right to healthcare and dignity.

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Light, Jimmy A. "The Washington, D.C. Experience with Uncontrolled Donation after Circulatory Determination of Death: Promises and Pitfalls." Journal of Law, Medicine & Ethics 36, no. 4 (2008): 735–40. http://dx.doi.org/10.1111/j.1748-720x.2008.00332.x.

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As of January 1, 2008, over 98,000 people are waiting for organ transplants in the United States of America. Of those, nearly 75,000 are waiting for a kidney. In this calendar year, fewer than 15,000 will receive a kidney transplant from a deceased donor. The average waiting time for a deceased donor kidney now exceeds five years in virtually all metropolitan areas. Sadly, nearly as many people die waiting as there are deceased donors each year, despite monumental efforts by the entire transplant community to increase both the number of organ donors and the number of organs recovered from each donor. The imbalance between demand and supply has led to considerable efforts to expand the criteria for what is considered an acceptable organ donor by the Organ Procurement and Transplant Network (OPTN), thereby hoping somewhat to assuage the shortfall of donor organs. So-called Expanded Criteria Donors (ECDs) may be older than 50, have history of hypertension, or have died from intracerebral hemorrhage and/or have impaired renal function. ECDs now make up nearly 40% of the donor population.

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Chevalier, Emilie. "The Case of Legal Certainty, an Uncertain Transplant Process in France." Review of European Administrative Law 14, no. 1 (May 14, 2021): 95–119. http://dx.doi.org/10.7590/187479821x16190058548745.

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The reception of the fundamental principle of legal certainty in France shows how the characteristics of the French administrative system have consequences for the development and consideration of this principle. An analysis of the transplantation process reveals that it has been largely prepared, knowingly or unknowingly, to allow the principle of legal certainty to find at least a partial place in the French administrative system. It also shows the central role of the administrative judge in this process which led to the adaptation of the principle of legal certainty to the French legal order, and vice versa.

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Ghodrati, Fatemeh, and Marzieh Akbarzadeh. "Jurisprudence Study of Muslim Rules and Effects of Ovarian Transplants in Women with Infertility; A Review." Current Women s Health Reviews 15, no. 3 (April 1, 2019): 165–70. http://dx.doi.org/10.2174/1573404814666181015125406.

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Background: The use of assisted reproductive techniques, in addition to mental and emotional stress in different stages, made some jurists, as fatwa authorities, to investigate and evaluate the problems of this type of transplantation. Objective: The aim of this study was the jurisprudence investigation of the rules and effects of ovarian transplants in women with infertility. Methods: This study was conducted through review and library studies using the keywords ovarian transplants, infertility, jurists’ opinions and religious rules as to ovarian transplantation. Results: Permission for transplanting one’s own ovarian tissue was issued through the consent of most scholars of Islamic schools and according to some verses, traditions, legal rules, and logical reasons. Although some of the Ancient religious scholars have dissenting opinions about transplantation, for some jurists, ovarian transplant from a woman to an infertile woman has no legal problem and the infant belongs to the recipient. However, some other jurists oppose this fatwa. They believe that there is a problem in the oocytes and ovarian transplantation due to mixed parentage and the holy legislator does not agree with this transplantation. So, they had opposing fatwa in this regard. Conclusion: According to the consensus of some Muslim jurists on ovarian transplant from one’s own ovary or from another woman, there is a new hope for infertile couples to use this method which is done from a woman to another woman.

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Palmar-Santos, Ana M., Azucena Pedraz-Marcos, Juan Zarco-Colón, Milagros Ramasco-Gutiérrez, Eva García-Perea, and Monserrat Pulido-Fuentes. "The life and death construct in heart transplant patients." European Journal of Cardiovascular Nursing 18, no. 1 (June 20, 2018): 48–56. http://dx.doi.org/10.1177/1474515118785088.

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Background: The technological advances of medicine, and specifically the techniques of organ transplants, have allowed crossing the border of life and death. This is especially relevant in the case of heart transplant, since its symbolism requires a redefinition not only of these traditional concepts, but also of the body or of one’s own identity. Aims: To explore the experiences of patients after receiving a heart from a donor. Methods: A phenomenological qualitative approach, through Merleau Ponty and Levinas perspectives, was conducted to capture the subjective experiences of heart transplant patients. We conducted 22 in-depth interviews: 12 with heart transplant patients from two hospitals in Madrid (Spain), and 10 with relatives who lived with them. Results: The line between life and death is erased for heart transplant patients. Three main themes arose from the analysis: towards death, the frontier between life and death, and towards life. The need to redefine the concepts of life and death is structured around issues such as the thought of facing one’s own death and the concept of gift and resurrection. Conclusion: Organ transplant techniques open the door to a new definition of death, of the identity of the body and its parts and the limits of life. Considering the cultural, legal, psychological, social and symbolic elements involved in the heart transplant process, a qualitative approach provides new avenues of understanding the clinical process from the patients’ perspective.

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Journal articles on the topic 'Legal Transplant'

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