COMPARATIVE LAW AND CRITICAL LEGAL STUDIES
Keywords:
Comparative law, Critical legal Studies, Legal theoryAbstract
The encounter of Critical Legal Studies with Comnparative Law has produced a variety of dissertations and law review articles in which the Methodological postulates of (traditional) comparative law were scrutinized and criticized. This work has questioned the standard terms and concepts, as well as their meanings and implications. In particular, functionalism, perceived by Critical Legal Studies as the creed of the priestly caste of mainstream comparative law, has been criticized with the goal of exposing its undelying assumptions. As a result of such, and other critiques, both Comparative Law and Critical Legal Studies have been Reivigorated. In particular, Comparative Law, a discipline which had already begun to overcome its former self-congratualatory mood, was infused with a healthy dose of criticism, for example, trough the challenge that it fosters practices of hegemony and domination.
References
GÜNTER FRANKENBERG, ‘Critical Comparisons’: Rethinking Comparative
Law’, (1985) 26 Harvard International LJ 411.
DUCAN KENNEDY, ‘A Critique of Adjudication’ (Fin de Siècle) (1997)
SYMPOSIUM: ‘New Approaches to Comparative Law’, (1997) Utah LR 255.
STEPHEN M. FELDMAN, American Legal Thought from Pre - Modernism to Post - Modernism (2000).
HORATIA MUIR WATT, ‘La Fonction Subversive du Droit Comparé’, (July – September 2000) 52 Revenue Internationale de Droit Comparé 503.
WILLIAM TWINING, Globalization and Legal Theory (2000).
UGO MATTEI; ANNA DI ROBILANT, ‘The Art and Science of Critical Scholarship: Post-modernism and International Style in the Legal Architecture of Europe’, (2001) 75 Tulane LR 1053-92.
JACQUES DERRIDA, ‘Architecture dove il desidero può abitare ́, (April 1975) Domus, 671, reprinted in G. Chiurazzi, Il Postmoderno (1999).
LAURA NADER, The life of the Law (2001).
ANNELISE RILES (ed) Rethinking the Masters of Comparative Law (2001)
JANET HALLEY; WENDY BROWN, Left Legalism/ Left Critique (2002).
TEEMU RUSKOLA, ‘Legal Orientalism’, (2002), 101 Michigan LR 179.
PIERRE LEGRAND; RODERICK MUNDAY, Comparative Law. Traditions and Transitions (2003).
