The Jurisprudential Issues Arising from Legal Transplant: An Appraisal

Abstract

The paper appraises the jurisprudential issues arising from legal transplant generally. Based on the appraisal it was established that the Jews who moved to Egypt was known to have been the first group of people to have transplanted their laws, values and culture voluntarily without the prompting of the host Country Egypt and while leaving after 43o years of sojourn they left with their laws, values and culture to the promised land. The paper also discovers that Roman laws were one of the initial laws that preceded and was eventually transplanted to the most the European Countries such as Germany, England, Jewish State of Israel, Portugal, French, Dutch and their colonized territories and American colonies and uninhabited areas where it was established through the activities these countries and members of the academic community who have embraced these laws in Europe. The paper further appraises of some foreign religions and laws such as Islamic religion and laws, Hindus laws, common law on the countries they have been transplanted. In conclusion the paper was to note that the following factors, Objective, Political, Cultural, Economy, Chance, Literary factors and Centres of law propagation namely the courts, the bar and the law schools are responsible for transplantation.

Keywords: Jurisprudential issues, legal transplant, Roman laws, foreign religions