REASONS FOR LEGAL CULTIVATION- A STUDY IN THE SCOPE OF PHILOSOPHY OF LAW
Journal of college of Law for Legal and Political Sciences,
2020, Volume 9, Issue issue 34 part 1, Pages 75-89
Abstract
The jurisprudence in Iraq and Arab countries did not address the process or phenomenon of legal implantation study and analysis, as it deserves research, studies are very rare, if not in most aspects, contrary to existing studies in Western jurisprudence, so our determination to prepare a series Of legal research, which shed light on this important process, which affects the fate of peoples, and their various aspects. There are almost no legal systems in our world today that have not undergone legal transplants or processes from other systems. For various reasons, planting may be the result of direct colonialism by robbing the will of peoples, imposing laws that are incompatible with their cultures or even their religions, or through the transfer of experiences, by sending students of higher legal studies to the countries that export laws, or legal quality, or political alliances, by imposing certain conditions on the importing state of laws. Although the process or phenomenon of legal implantation is widespread, it is possible to rationalize and regulate this process and reduce its negative consequences by relying on its own capacities, not running with global interests and alliances, taking into account the national interest, and other measures mentioned in the research body
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