Methods of Comparative Law
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Methods of Comparative Law

Edited by Pier Giuseppe Monateri

Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the ‘comparative law and economics’ approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends.
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Chapter 11: The Iconicity of Space: Comparative Law and the Geopolitics of Jurisdictions

Cristina Costantini


Cristina Costantini 1. COMPARATIVE LAW AND BEYOND: ONTOLOGICAL ISSUES AND STRATEGICAL DEVICES Comparative law is not at its intellectual end.1 This provocative statement is intended to be a conscious and radical answer to the latest claims and views growing in the current scholarly debate. It is also a strong reaction against the apparent marginalization of comparative law and the deliberate alienation of comparative scholars.2 What is missing? I am referring to M.M. Siems’ recent assumption; Siems, Mathias M., ‘The End of Comparative Law’. Journal of Comparative Law 2 (2007): 133–150. 2 These supposed maladies which affect comparative law and comparatists are overemphasized by Mitchel de S.-O.-L’E. Lasser: ‘To read contemporary comparative legal literature is … to witness a pitiful series of testimonials about the alienation of the comparatist. The discipline of comparative law, it seems, is marginalized in any a number of ways’; Lasser, Mitchel de S.-O.-L’E. ‘The Question of Understanding’. Comparative Legal Studies: Traditions and Transitions. Eds. P. Legrand and R. Munday. Cambridge: Cambridge University Press, 2003: 197–239. We can also encounter vivid descriptions of the state of comparative law based on an intriguing use of metaphors and allegories. See Husa, Jaakko, ‘The Tip of the Iceberg or What Lies Beneath the Surface of Comparative Law’. Maastricht Journal of European and Comparative Law 16 (2005): 73–94. The last paragraph of this review of the work edited by Mark Von Hoecke, Epistemology and Methodology of Comparative Law, is entitled ‘Icebergs, the Titanic and the Fate of Comparative Law’...

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