Kahn Freund - Uses and misuses of Comparative Law

Montesquieu Spirit of the Law as a compound of physical, cultural and political ingredients.
climate, religion, laws, history, habits
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Political principles rather than institutions itself give life to a countrys laws.
Industrialisation, urbanisation & development of communication reduced the
environmental factors to transplantation.
Role of tort law in Montesquieus day was around situations arising from personal
relations, now its more about accident liability, and the nature of accidents at
work, home or elsewhere.
Environmental obstacles persist depending on the type of legal ideas. Ideas that
are closest to the personal lives such as family law are harder to transplant as
opposed to trade.

Political factors.
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Though each country may have the same types of problems, such as housing,
the procedure for arriving to a solution, the form of discussion and the role of the
individual in that discussion differ.
Seperation of powers from executive / judiciary
How deeply are the roots of the a culture embedded in the soil.
the place of a given set of rules and institutions on the scale of the continuum
(kidney vs. car enginge) may changine in time.

Fan-kun Glocalization
where there are local traditions there are global scripts, and where there are global scripts
there are local traditions.
China
Mediation and Arbitration were informal, non binding. Rooted in non-confrontational legal
tradition. The third party usually had connection to parties in mediation and arbitration.
West
Arbitration was rooted with goal of private justice for merchant class and judgments were
binding.
Through selection, resistance, reform and integration transplanted institutions can be
brought into harmony with local traditions.