Negative Comparative Law
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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.
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: Routledge
Release Date : 2018-05-01
Negative Comparative Law written by Pierre Legrand and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-01 with categories.
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.
The Negative Turn In Comparative Law
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Author : Pierre Legrand
language : en
Publisher: Routledge
Release Date : 2024
The Negative Turn In Comparative Law written by Pierre Legrand and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 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.
Comparative Law
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Author : Mathias Siems
language : en
Publisher: Law in Context
Release Date : 2018-04-12
Comparative Law written by Mathias Siems and has been published by Law in Context this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-12 with Law categories.
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Rethinking Comparative Law
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Author : Glanert, Simone
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-19
Rethinking Comparative Law written by Glanert, Simone 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 2021-10-19 with Law categories.
Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.
Comparative Law As Critique
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Author : Günter Frankenberg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-04-29
Comparative Law As Critique written by Günter Frankenberg 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 2016-04-29 with Law categories.
Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.
Comparative Law
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Author : Mathias M. Siems
language : en
Publisher:
Release Date : 2014
Comparative Law written by Mathias M. Siems and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Comparative law categories.
The Enigma Of Comparative Law
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Author : Esin Örücü
language : en
Publisher: Springer
Release Date : 2013-12-14
The Enigma Of Comparative Law written by Esin Örücü and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-14 with Law categories.
Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.
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.