Chapter -r Legal Transplants At most times, in most places in the western world, law de\elops mostly hy borrowing, d'here is no mwstery here. Borrowing law from elsewhere ma\’ not he in the best interests of the society at large or even of the ruling elite hut it is economicallv efficient for the law makers. It sa\ es themfromthinking! And thinking is hard. And takes rime. Still, when one looks closely at borrowing the extent of it on substance, institutions and structure is remarkable.' L\en when foreign rules are rejected, the discussion of them may determine much of the law that emerges: a prime example is the law of delict in the IVench code ci\ il which owes much to Roman law that was not accepted.’ But despite the foregoing there is a real mystery about legal transplants. There is enormous reluctance to accept the huge extent and 1 See, e.g., Watson, Legal Transplants; Evolution. 2 See Watson, Evolution, pp. 101
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