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 3: Navigating the mainstreams

Günter Frankenberg

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

Abstract

To achieve some distance from the official narratives and to identify their characteristic features, notably a shared view of the tools, concept and purpose of comparative law at a given time, this chapter is focused on the major schools and styles of legal comparison and concentrates on their rhetoric, methods and theories as variations of innocence.

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