LEGAL PLURALISM AS AN INSTRUMENT OF ADEQUACY FOR THE ANALYSIS OF TRANSPLANTS AND LATIN AMERICAN LEGAL IDENTITY
by Pedro Ramos Lima, Antônio Carlos Wolkmer
pp. 177-194 23 (12,1) – January-June 2025 ISSN (online): 2539/2239 ISSN (print): 2389-8232 DOI: https://doi.org/10.14718/SoftPower.2025.12.1.9
Abstract
This article examines the impact of the attempt to adapt Latin American legal identity to the standards of the European legal tradition, questioning whether this pursuit hinders the region’s legal and economic development. The hypothesis to be defended is that such a pursuit is indeed detrimental, as the homogeneous legal identity, as often conceived, constitutes a legal fiction that disregards local cultural and socioeconomic particularities and overlooks the historical process of legal transplants across different systems. The theoretical framework is based on Alan Watson’s theory of legal transplants, Jorge Esquirol’s critiques of legal identity, and the foundations of legal pluralism as a more contextualized and adaptable alternative. Using a bibliographic review methodology, the study concludes that legal pluralism represents a viable alternative more aligned with Latin American realities, fostering legal and economic development that is more consistent with the region’s diversity and complexity.
Legal identity; legal fiction; legal transplants; legal pluralism.