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Research Paper:
“Legal Transplants and the Code
of Serbian Tsar Stephan Dushan”
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Paper from SSRN
Ana Batrićević
– Biographical Details
Abstract:
This Comparative Study investigates the spontaneous
convergence of law in the cultural and social milieu of medieval Serbia
under the reign of Tsar Stephan Urosh IV Dushan (1331–1355). It argues that legal
transplants, as a means of this convergence in the Code of Dushan, constitute a fruitful source of medieval
Serbia’s legal development. The process of legal transplantation
has long been the subject of a polarized debate in international academic
circles and has generated opposing approaches to the transfer of legal
regulations or entire systems of law from one country to another. The
approach to diffusion herein comprises a synthesis of multiple
methodologies of comparative law (and jurisprudence on the whole)
supplemented with the routes of non-legal disciplines. Such
interdisciplinary approach facilitates an exhaustive insight into legal
transplants and their applicability as a concept of legal development.
This Comparative Study offers a systematic rationalization for legal
transplants in Serbia of the Middle Ages and draws some general
tendencies with regard to the overall diffusion of law.
Keywords:
Stephan Dushan, Dushan's Code, diffusion of law, legal transplants,
Roman-Byzantine law, law and society
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Ana Batrićević, Alan Watson
Prize Winner
Dean Prof. Mirko Vasiljević
and Ana Batrićević
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