Power, culture and method in comparative law
Bibliographic Data
| ID | 21189448 |
|---|---|
| Authors | Reza Banakar (0000-0003-1298-2278, Lund University, corresponding author) |
| Year | 2009 |
| Volume | 5 |
| Issue | 1 |
| Pages | 69-85 |
| Publication date | 2009-03-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Law in Context (JOURNAL) |
| Journal identifiers | ISSN: 1744-5523 • E-ISSN: 1744-5531 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1744552309005047 |
| OpenAlex | W2111761761 |
| Language | EN |
| Citations received | 2 |
| References cited | 18 |
This review essay draws on a recently edited handbook by Esin Örücü and David Nelken to reflect on the methodological concerns and challenges of comparative law and sociolegal research. It argues that the contextualisation of laws should be regarded as the indispensable methodological characteristic of all comparative studies of law that aspire to transcend the understanding of law as a body of rules and doctrine. It further argues that although the cultural perspective facilitates contextualisation of the law, a cultural understanding is neither a precondition for undertaking comparative legal research nor necessarily the correct approach under all circumstances; for certain aspects of law and legal behaviour need not be conceptualised in cultural terms. The essay concludes by proposing that the combination of top-down and bottom-up approaches could provide a meta-methodological framework within which specific comparative techniques can be employed. Such a framework will enable comparatists and sociolegal researchers to account for how law interacts with, and simultaneously manifests itself at, the macro-, micro- and the intermediary meso-levels of society over time
Comparative law · Comparative method · Doctrine · Empirical legal studies · Epistemology · Law and economics · Legal doctrine · Legal research · Political science · Precondition · Sociology · Comparative and International Law Studies · Computer Science · European and International Contract Law · Law · Law in Society and Culture · Philosophy
Tva and the Grass Roots
Law, Culture and Society
Comparative Legal Studies
Outline of a Theory of Practice
Discourse and the Denial of Racism
Sociology of Law and Sociological Jurisprudence
Against a European Civil Code
Trust
European Legal Systems are not Converging
Legal Irritants
Human Rights Law and the Demonization of Culture (And Anthropology Along the Way)
| Citations per year | 0.13 |
|---|---|
| Citation span | 2011 - 2016 (6) |
| Highly cited | No |