Legal Transfer in the Common Law World

As the British Empire expanded, English law was being introduced in very different parts of the world. Rules, principles and institutions from England were brought into force in regions and societies as diverse as Australia, Ghana, India, Jamaica and Singapore. In this Special Research Field, we enquire how this process unfolded in various places.

In many cases English law encountered local or regional traditions, both legal and non-legal. To what extent did these encounters differ from each other? Was there ever anything resembling the frequently invoked ‘unity of the common law’? Or did the law of England acquire a distinctive flavour in each territory, depending on the geography, the climate and the prevailing religious, moral and economic views of the inhabitants? And, finally, can we learn anything from the experience of English law for the broader debate on legal ‘transplants’ and, even more generally, legal development as such?

Initially, this research field focuses primarily on the following regions: India, South East Asia and the Caribbean. Specific case studies turn on different areas of law, including constitutional law, the law of contract, land law and intellectual property. Equally important are the modes of conflict management in state courts and beyond.

Events this semester

Seminar: American States of Nature The Origins of Independence, 1761-1775

Jan 27, 2020 14:15 - 15:15
MPIeR, Room: Seminar room of the MPI

Seminar: Transferring offer, acceptance and revocation to British Guiana

Dec 16, 2019 14:15 - 15:15
MPIeR, Room: Seminar room of the MPI

Seminar: The Meaning of Territory in British Empire Border Disputes

Dec 2, 2019 14:15 - 15:15
MPIeR, Room: Seminar room of the MPI

Seminar: Across Boundaries: the English Justices of the Peace on the Continent

Nov 11, 2019 14:15 - 15:15
MPIeR, Room: Lecture hall of the MPI

Seminar: The Use of Bills of Exchange in 18th Century Glasgow

Nov 4, 2019 14:15 - 15:15
MPIeR, Room: Seminar room of the MPI

Seminar: Legal Education as a Tool of Professionalization in England (1850-1900)

Oct 14, 2019 14:15 - 15:15
MPIeR, Room: Seminar room of the MPI

Seminar: The Mandatory Sentence of Death in Barbados

Jul 15, 2019 14:15 - 15:45
MPIeR, Room: Z02

Seminar: The Past and Present in Judicial Independence and Disciplining in the Common Law World

Jun 12, 2019 14:15 - 15:45
MPIeR, Room: Lecture hall of the MPI

Schedules

Research Projects

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