From Legal Transplants to Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis in Criminal Procedure
DOI:
https://doi.org/10.52292/j.dsc.2018.2235Keywords:
Comparative Law, Plea bargaining, TranslationAbstract
The paper analyses the alleged influence of the American legal system in foreign jurisdictions. The main argument focuses on the plea bar- gaining in Criminal Law Procedures and the so called “legal transplants”. According to the article, the idea of “translation” fits better with the real phenomenon of legal ideas and institutions travelling abroad. Against the thesis of the americanization of other legal systems, the article analyses the development of the plea bargaining in four different jurisdictions
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