- Research Handbooks in Comparative Law series
Edited by Pier Giuseppe Monateri
Chapter 6: How to do Projects with Comparative Law: Notes of an Expedition to the Common Core
JOBNAME: Monateri PAGE: 1 SESS: 5 OUTPUT: Mon May 28 12:22:31 2012 6. How to do projects with comparative law: notes of an expedition to the common core* Günter Frankenberg 1. PROLOGUE ON PERSPECTIVE AND METHOD To be invited to Trento is an innocent pleasure. To be asked to address the Annual Conference on the Common Core of European Private Law is an honor which, according to the relevant theory of gifts, requires that a return present be given.1 Praise of the Project or critical appraisal might be in order then.2 A third way of reciprocating, chosen by conference speakers in the past, could be an edifying narrative not directly related to the Project. As a non-private-law scholar wary of displaying his ignorance about European private law and, hence, the substantive core of the Project here under ‘review’, and having been invited to address the Common Core Project’s announced preference for functionalism, I have opted for yet another return gift. Yielding to the spirit of humbleness so common among mainstream comparatists, I assume the distancing posture of an amateur anthropologist3 who ventures on a journey into a territory virtually unknown to him and tells a rather sketchy story of his encounters with the indigenous and ingenious inhabitants of that territory and their work. From the vantage point of conﬂict theory I intend to ask how the unity and identity of the group may be constructed. How do the group members deﬁne the adversaries of and...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.