- Research Handbooks in Comparative Law series
Edited by Pier Giuseppe Monateri
Chapter 11: The Iconicity of Space: Comparative Law and the Geopolitics of Jurisdictions
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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