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Comparative Law as Critique

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.
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Chapter 5: Muslim veiling: critique of a comparative discourse

Günter Frankenberg


Turning from academic discourse to the practical, this chapter focuses the attention on how comparatists (judges and legal scholars) address the problem of normative pluralism and how they negotiate differences as they evaluate the Muslim dress code. The analysis brings to the fore visual – rather than cognitive – phenomena, as the grid is applied to the legal-judicial discourse on Muslim veiling.

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