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Reflection on Legal Transplantation Theories: A Socio-legal Historical Study of the Formulation and Evolution of Chinese Marine Insurance Law

Jia Wang Orcid Logo

International Journal of Law in Context

Swansea University Author: Jia Wang Orcid Logo

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Abstract

This paper offers a socio-legal historical analysis of the process of formulation and evolution of Chinese marine insurance law by transplanting foreign laws, with a view to grasping from the material of legal history and social reality the deeper significance of the imported law’s relation to tradi...

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Published in: International Journal of Law in Context
ISSN: 1744-5523 1744-5531
Published: Cambridge University Press (CUP)
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URI: https://cronfa.swan.ac.uk/Record/cronfa67737
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Abstract: This paper offers a socio-legal historical analysis of the process of formulation and evolution of Chinese marine insurance law by transplanting foreign laws, with a view to grasping from the material of legal history and social reality the deeper significance of the imported law’s relation to tradition, ideology, and environmental context. The key argument is that this perspective reveals how transplanted law emerges as an authorless product shaped by social forces and processes. It is created by the operation of institutional arrangements of law-making, which provide the platform for the interplay of diverse traditions and interests generated by the social environment of the importing jurisdiction. This research integrates several lines of discussion of legal transplantation that lack connection, highlights the impact of the transplanting process, and contributes to current theoretical debates by proposing potential interdisciplinary research for future studies of legal transplantation.
College: Faculty of Humanities and Social Sciences