Comparative Law as Critique

Comparative Law as Critique

Elgar Studies in Legal Theory

Günter Frankenberg

This book presents a critique of conventional ways to do comparative law. The author argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they compare. The author discusses not only methods and theories, but also the ethical implications and the politics of comparative law.

Chapter 2: Critique and comparison

Günter Frankenberg

Subjects: law - academic, comparative law, law and society, legal theory


Critical approaches are briefly reviewed. The review concentrates on diverse concepts of, and possible criteria for, critique. From different schools of criticism in the social sciences, notably the Frankfurt school and Michel Foucault, the author takes his cues for a critical approach that focuses on ideology and is guided by the motif not to be governed (by conventional styles of comparative law).

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