The Non-Americanization of the Continental European Criminal Process: From Transplants to Legal Translations in Langer

Abstract

In the past the legal transplant took place mainly by way of mil- itary invasions, political conquests or migratory movements, but this has changed in the present globalized world. The interaction between systems is unavoidable and legal reforms at national as well as at supranational level cannot remain alien to the legal solutions adopted in other countries and organizations. This explains the increasing importance of comparative law. This paper seeks to enter into a dialogue with the excellent work of Máximo Langer “From legal transplants to legal translations...”, with the aim of trying to contribute to some of the topics the author addresses in his work. In particular I will try to reflect on the use of metaphors when defining the relationships between legal systems. Further I will argue that the import of any procedural solution –in this case the negotiated justice– needs to be adjusted to the institutional context in which it will be applied. The term proposed by Langer of “legal translation” perfectly captures that reality