From Transplants to Legal Translations: An Introduction to Langer’s Non-Americanization Thesis
DOI:
https://doi.org/10.52292/j.dsc.2018.2234Keywords:
Plea bargaining, Negotiated justice, Criminal process, Inquisitorial system, Adversarial system, Legal transplant, Legal translationAbstract
Regarding the core of this discussion, Máximo Langer immerses us into the world of comparative law and invites us to reflect on the influences and relationships between the different systems in the field of criminal procedure. The new accusatory reforms implemented in the European and Latin American continental procedural systems may imply an Americanization of the criminal process in such countries. However, Langer intends to go beyond appearances and refute this thesis through an analysis of how the U.S. ́s institute of plea bargaining has been introduced in four jurisdictions representative of the continental European and Latin American tradition. Bachmaier, Correa Robles and Engländer critically evaluate the position and enrich the debate from the perspectives of their countries of origin
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