Is transnational law the solution to a problem or a problem in itself? Explain.

Since this is a take home exam, you are welcome to use your notes and books to help you answer your question.  DO NOT just copy-paste text from the Siems (2018) textbook or the KSK (2013) chapters.  Of course direct quotations are acceptable, but you must explain the significance of that quote in your own words.

Your file must be in a Microsoft Word document or PDF.

Each question is worth 5 points. Your grade is based on the clarity of your answers and your ability to connect your answers to the assigned readings, lecture, or class exercise.  I strongly recommend you provide clear and correct citations of the Siems book and any relevant KSK chapter to support your answers and/or arguments.

Your answer to each question should be at least 1 page but does not exceed 2 pages (12-point Times New Roman font, double-spaced, 1″ margins).

  1. Why is the rule of law seen as a cornerstone of development policy?  In your opinion, does effectively promoting the rule of law mean imposing international ‘best practices’ like human rights?  Why?
  2. Is transnational law the solution to a problem or a problem in itself? Explain.
  3. What are the main arguments for and against the use of legal transplants?  In your opinion, when is a legal transplant ‘successful’?
  4. Is postmodern comparative law mainly interested in deeper legal forms of comparison or interdisciplinary approaches to comparative law?  Explain.


Scenario:  Someone presents the argument to you (as an expert in comparative legal methods) that every other country in the world should just “do what Denmark does.”

5.   Explain why this person would make this recommendation based on what you’ve learned in this class

6.  Do you agree or disagree?  If you agree, explain how and why it could be possible.  If you disagree, explain how and why it could not be possible.  (HINT:  Support any normative arguments you have with the accurate use of concepts and theories we’ve learned in class).