Legal Transfer
This chapter focuses on how legal information travels, that is, how it is transferred. The concept of transfer is meant to make comparatists sensitive to the different ways legal items (rights and values, organizational provisions, and doctrines) are converted into standardized information and over time become products or commodities on global or regional markets. Legal transfer is understood here as an element of world-making. It will be shown how legal information is gleaned from foreign contexts, processed, and transferred to host contexts. The translation and application of legal information to a new environment invariably presupposes intense modification and ‘bricolage’. Because this open-ended and unpredictable process of transfer entails considerable hazards, the final result reproduces a fragment, cut-out, hybrid, modified copy, or pastiche. While the process of decontextualization may be read as another globalization story, this narrative receives a critical twist by shifting the focus to items that resist transfer.