Comparative Law And The Task Of Negative Critique

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Comparative Law And The Task Of Negative Critique

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Author : Pierre Legrand
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-09

Comparative Law And The Task Of Negative Critique written by Pierre Legrand and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-09 with Law categories.

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.

Negative Comparative Law

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Author : Pierre Legrand
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-09

Negative Comparative Law written by Pierre Legrand and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-09 with Law categories.

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

The Negative Turn In Comparative Law

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Author : Pierre Legrand
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-31

The Negative Turn In Comparative Law written by Pierre Legrand and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-31 with Law categories.

This book’s essays aim subversively and resolutely to replace the hegemonic discursive frame governing comparative law. Beyond harnessing negative critique to resist the orthodoxy’s self-assured cognitive assumptions, at once unexamined and indefensible, the argument mobilizes negativity as an empowering idea, a resource towards the displacement of the brand of comparative law that has been fostering a closing of the comparing mind. To answer the demands of the moment and herald foreign law research as a creditable intellectual development, one requires to engage in a culturalist theorization and practice of comparative law at radical variance from the prevailing positivist model. The negative turn, then, is a call to comparative action – a comparactive motion – in support of the robustly indisciplined thinking that must thoroughly inform research into foreign law. In photography, the negative has been employed productively to generate a positive print. In comparative law, negation wants to affirm edifying epistemic yields. 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.

A Research Agenda For Comparative Law

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Author : Jaakko Husa
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-09-06

A Research Agenda For Comparative Law written by Jaakko Husa and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-06 with Law categories.

This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline.

Law Time And Historical Injustices

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Author : Harison Citrawan
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-09

Law Time And Historical Injustices written by Harison Citrawan and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-09 with Law categories.

This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injustice are narrated, the book demonstrates how some of those experiences are included and others are excluded within the process of adjudication. Drawing on legal theory, legal epistemology and the philosophy of time, the book thus offers an instructive, and provocative, account of how collective responsibility is determined in cases of historical injustice. This book will appeal to scholars working in the fields of legal theory, legal reasoning, socio-legal studies, comparative jurisprudence and transitional justice.

Buid Doctoral Research Conference 2023

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Author : Khalid Al Marri
language : en
Publisher: Springer Nature
Release Date : 2024-03-28

Buid Doctoral Research Conference 2023 written by Khalid Al Marri and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-28 with Science categories.

This open access book presents selected contributions on a wide range of scientific and technological areas originating from the BUiD Doctoral Research Conference (BDRC 2023). It discusses the following topics: project management, macroeconomic factors, Fourth Industrial Revolution, agility, multiculturalism, diversity, inclusion, leadership, language, discourse analysis, curriculum, critical thinking, programming, online learning, and natural ventilation. The contributions reflect the multifaceted nature of the research in three academic disciplines, i.e., humanities, formal science, and applied science. This publication shares with its readers genuine research studies and reflections from practitioners on the current practice and understanding in the three academic disciplines. The significant findings of these studies have considerable educational, industrial, and economic implications. This is an open access book.

Traversing Legal Traditions

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Author : George Mousourakis
language : en
Publisher: Springer Nature
Release Date : 2025-07-01

Traversing Legal Traditions written by George Mousourakis and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-01 with Law categories.

This textbook provides clear, reliable, and comprehensive insights into key topics in comparative law and legal history. As fundamental pillars of modern legal education, comparative law and legal history play a crucial role in shaping a new generation of legal scholars and practicing lawyers who appreciate the significance of legal diversity while recognizing the shared foundations of legal systems worldwide. By integrating these two disciplines, scholars and professionals can better understand the dominant features and developmental trajectories of various legal systems, fostering a broader, more culturally informed perspective on the law. This approach enables readers to develop the analytical skills and critical standards necessary to address the complexities of an increasingly interconnected and rapidly evolving legal landscape. The book is divided into two main parts. Part I explores the foundational principles of comparative law, tracing its historical evolution and examining its relationship with other areas of legal study. It provides an extensive overview of legal comparatism from classical antiquity to the modern period, with particular attention paid to the contributions of eighteenth- and nineteenth-century thinkers who helped shape the field. Additionally, it assesses the role of comparative law in contemporary legal scholarship, lawmaking, and judicial decision-making, highlighting its methodological approaches and practical applications in both domestic and international contexts. In turn, Part II examines the historical development and defining characteristics of major legal traditions. It begins with the Roman and civil law tradition, followed by an exploration of the English common law tradition, the Islamic legal tradition, and various indigenous legal traditions. Special attention is given to legal transplantation, including a case study on the Japanese legal tradition and its interactions with Chinese and Western legal influences. By integrating comparative law and legal history, this book provides readers with the knowledge and analytical tools needed to navigate diverse legal traditions and systems, promoting a deeper understanding of historical legacies and contemporary legal challenges.

University Of Chicago Law Review Volume 79 Number 2 Spring 2012

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Author : University of Chicago Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2012-11-22

University Of Chicago Law Review Volume 79 Number 2 Spring 2012 written by University of Chicago Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-22 with Law categories.

A leading law review offers a quality eBook edition. This second issue of 2012 features articles and essays from internationally recognized legal scholars. Authors include Eric Biber, writing on variations in scientific disciplines, experts, and environmental law; Frederic Bloom and Christopher Serkin, on suing courts and takings of property; Myriam Gilles and Gary Friedman, on aggregating consumer litigation after the AT&T Mobility decision on class actions; and David Skeel, Jr., on the possibility of bankruptcy for several U.S. states. In addition, the issue includes book review essays by Aziz Huq, concerning the power and limits of the executive branch; and by Laura Nirider, Joshua Tepfer, and Steven Drizin, on convicting the innocent and false confessions. Finally, an extensive student contribution explores antitrust law, state immunity from suit, and state licensing boards. In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used.

The Cambridge Handbook Of Comparative Law

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Author : Mathias Siems
language : en
Publisher: Cambridge University Press
Release Date : 2024-02-01

The Cambridge Handbook Of Comparative Law written by Mathias Siems and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-01 with Law categories.

Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).

The Oxford Handbook Of Comparative Law

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Author : Mathias Reimann
language : en
Publisher: Oxford University Press
Release Date : 2019-03-26

The Oxford Handbook Of Comparative Law written by Mathias Reimann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-26 with Law categories.

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.