Negative Comparative Law

2018-05-01
 | 
Negative Comparative Law

Author: Pierre Legrand

Publisher: Routledge

ISBN: 1138915173

Category:

Page: 224

View: 922

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Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal, and in particular its claim to the normative relevance of foreign law locally: for example, in the formulation of statutory choices, judicial opinions or scholarly views. Through interactions across borders have been proliferating, the comparatist's case for the foreign suffers from a persistent failure of institutional credibility, so that references to the laws of other countries remain distrusted. Holding comparative law's travails to be largely self-inflicted - an account of the impoverished world-view its orthodoxy has been maintaining - the twelve essays at hand deprive the field of its epistemic indigences. They invite it to engage in comparison otherwise: an heteronomic strategy sophisticatedly attuned to the place of otherness-in-the-law. As they release their interruptive consequences to generate a necessary theoretical crisis, the writings assembled in this volume draw on twenty years of incisive and authoritative scholarship harnessing the philosophical insights of Adorno and Derrida or Heidegger and Gadamer. The agonistic critique informing this work prompts the examination of pre-eminent topics like difference and dissemination, understanding and translatability, objectivity and truth, tracing and invention. In imparting radical and discerning intellectual equipment, Negative Comparative Law stands for a strong valorization of the legally foreign.

Negative Comparative Law

2022-04-30
 |  Law
Negative Comparative Law

Author: Pierre Legrand

Publisher: Cambridge University Press

ISBN: 9781009063203

Category: Law

Page:

View: 420

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Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations, judicial opinions, or academic reflections. Wanting to withstand the law's persistent tendency towards nationalist retrenchment and counter comparative law's institutional marginalization, the fifteen essays at hand impart radical and discerning intellectual equipment in order to foster the valorization of the legally foreign and the comparative motion. In particular, the critique informing this manifesto examines pre-eminent topics like culture and difference, understanding and translatability, objectivity and truth, invention and tracing. Harnessing insights from a range of disciplinary discourses, this book contends that comparatists must boldly desist from their field's dominant epistemology and embrace a practice much better attuned to the study of foreignness.

Negative Comparative Law

2022-06-09
 |  Law
Negative Comparative Law

Author: Pierre Legrand

Publisher: Cambridge University Press

ISBN: 9781316511978

Category: Law

Page: 487

View: 619

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A critical manifesto making the case for a radically alternative approach to the theory and practice of comparative law.

Comparative Law and the Task of Negative Critique

2023-05-08
 |  Law
Comparative Law and the Task of Negative Critique

Author: Pierre Legrand

Publisher: Taylor & Francis

ISBN: 9781000646078

Category: Law

Page: 242

View: 230

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This book’s essays seek to cleanse comparative law of some of the epistemic detritus it has been collecting and that has been cluttering its theory and practice to the point where this flotsam has effectively stultified ‘good’ comparison. While a critique would pursue adjustments to the prevailing model, this text’s negative critique seeks a much more radical refurbishment as it utters an emphatic ‘no’ to the governing epistemology: it pursues, in effect, a deposition and a disposition of the leading epistemic configuration and the various assumptions regarding the acquisition of knowledge about foreign law that inform it. Negative comparative law thus operates at a primordial level inasmuch as it concerns the matter of justice: it aims to do justice to foreign law as foreignness finds itself appropriated and travestied by comparatists for ideological purposes. In the process, negative critique purports significantly to enhance comparative law’s institutional, intellectual, and ethical respectability. This book will benefit all law teachers and postgraduate law students interested in the workings of law on the international scene, whether specialists in comparative law, public international law, private international law, transnational law, or foreign relations law – in particular, individuals bringing to bear a critical inclination to their subject-matter.

The Oxford Handbook of Comparative Law

2019-03-26
 |  Law
The Oxford Handbook of Comparative Law

Author: Mathias Reimann

Publisher: Oxford University Press

ISBN: 9780192565525

Category: Law

Page: 1536

View: 613

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This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Comparative Law

2022-03-24
 |  Law
Comparative Law

Author: Mathias Siems

Publisher: Cambridge University Press

ISBN: 9781108840859

Category: Law

Page: 591

View: 948

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Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.

Paradigms in Modern European Comparative Law

2021-04-22
 |  Law
Paradigms in Modern European Comparative Law

Author: Balázs Fekete

Publisher: Bloomsbury Publishing

ISBN: 9781509946938

Category: Law

Page: 240

View: 652

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This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.

Law's Hermeneutics

2017-02-17
 |  Law
Law's Hermeneutics

Author: Simone Glanert

Publisher: Routledge

ISBN: 9781317301653

Category: Law

Page: 256

View: 391

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Bringing together leading academics hailing from different cultural and scholarly horizons, this book revisits legal hermeneutics by making particular reference to philosophy, sociology and linguistics. On the assumption that theory has much to teach law, that theory motivates and enables, the writings of such intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricœur, Giorgio Agamben, Jürgen Habermas, Ronald Dworkin and Ludwig Wittgenstein receive special consideration. As it explores the matter of reading the law and as it inquires into the emergence of meaning within the dynamic between reader and text against the background of the reader’s worldly finiteness, this collection of essays wishes to contribute to an improved appreciation of the merits and limits of law’s hermeneutics which, it argues, is emphatically not to be reduced to a simple tool for textual exegesis.

After Meaning

2021-12-09
 |  Law
After Meaning

Author: d’Aspremont, Jean

Publisher: Edward Elgar Publishing

ISBN: 9781802200928

Category: Law

Page: 168

View: 287

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Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.

Comparative Constitutional Studies

2018-03-30
 |  Law
Comparative Constitutional Studies

Author: Günter Frankenberg

Publisher: Edward Elgar Publishing

ISBN: 9781782548980

Category: Law

Page: 360

View: 842

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Comparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practice realism, demonstrate critical spirit and examine the dark side of framers’ reports and normative theories.

Authoritarianism

2020-11-27
 |  Law
Authoritarianism

Author: Günter Frankenberg

Publisher: Edward Elgar Publishing

ISBN: 9781800372726

Category: Law

Page: 336

View: 138

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In this thought-provoking book, Günter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies.

The Public Law/Private Law Divide

2006-03-01
 |  Law
The Public Law/Private Law Divide

Author: Mark R Freedland

Publisher: Bloomsbury Publishing

ISBN: 9781847310590

Category: Law

Page: 270

View: 120

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The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".