@article{oai:nagoya.repo.nii.ac.jp:00005898, author = {桑原, 尚子 and Kuwahara, Naoko}, journal = {国際開発研究フォーラム, Forum of International Development Studies}, month = {Mar}, note = {This article examines conditions of legal transplants make“effective”,“working”or “successful”in the context of transition countries taking account of the current academic discussions. The legal transplants are pervasive in the current legal stechnical assistances carried out by both the international organizations and the bilateral international development agencies. The article identifies the conditions of legal transplants making not only “effective”,“working”or “successful”but also “ineffective”,“not working”or “unsuccessful”to which the current academic discussions have empirically submitted. It is suggested that the definitions of “effective”,“working”or “successful”legal transplants are not always clear and rather ambiguous. The ambiguous definition would result in confusing the discussions on the conditions of legal transplants since such a condition largely depends on its definition. Although many authors agree that the transplanted laws should adapt to the local circumstances, the local circumstances are not clear enough for the legal technical assistance to utilise them. The law is regarded as the instrument to lead to the social change under the legal technical assistances and the process of the social change takes for a long time. Since the legal technical assistance project should achieve to a goal for a targeted period, the project may be assessed as the process of the social change.}, pages = {171--184}, title = {法整備支援における「法の移植(legal transplants)」をめぐる議論の序論的考察 : 理論と実践の架橋をめざして}, volume = {34}, year = {2007} }