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Power, Culture and Method in Comparative Law

Banakar, Reza LU (2009) In International Journal of Law in Context 5(1). p.69-85
Abstract
This review essay draws on a recently edited handbook by Esin Orucu and David Nelken to reflect on the methodological concerns and challenges of comparative law and socio-legal 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... (More)
This review essay draws on a recently edited handbook by Esin Orucu and David Nelken to reflect on the methodological concerns and challenges of comparative law and socio-legal 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 socio-legal 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. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Contribution to journal
publication status
published
subject
keywords
methodology, legal traditions, pluralism, legal culture, power, socio-legal research, contextualisation, comparative law, harmonisation, unification, interdiscipliniarity
in
International Journal of Law in Context
volume
5
issue
1
pages
69 - 85
publisher
University of Cambridge Press
external identifiers
  • scopus:85010676872
ISSN
1744-5531
DOI
10.1017/S1744552309005047
language
English
LU publication?
no
id
80808470-4cd3-45a1-b47f-1ed263191a57 (old id 3632371)
alternative location
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1574863
date added to LUP
2013-04-10 07:57:32
date last changed
2017-10-01 03:54:20
@article{80808470-4cd3-45a1-b47f-1ed263191a57,
  abstract     = {This review essay draws on a recently edited handbook by Esin Orucu and David Nelken to reflect on the methodological concerns and challenges of comparative law and socio-legal 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 socio-legal 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.},
  author       = {Banakar, Reza},
  issn         = {1744-5531},
  keyword      = {methodology,legal traditions,pluralism,legal culture,power,socio-legal research,contextualisation,comparative law,harmonisation,unification,interdiscipliniarity},
  language     = {eng},
  number       = {1},
  pages        = {69--85},
  publisher    = {University of Cambridge Press},
  series       = {International Journal of Law in Context},
  title        = {Power, Culture and Method in Comparative Law},
  url          = {http://dx.doi.org/10.1017/S1744552309005047},
  volume       = {5},
  year         = {2009},
}