Abstract

http://ssrn.com/abstract=2000803
 
 

Footnotes (125)



 


 



Transnational Comparisons: Theory and Practice of Comparative Law as a Critique of Global Governance


Peer Zumbansen


York University - Osgoode Hall Law School

February 7, 2012

Osgoode CLPE Research Paper No. 1/2012

Abstract:     
A project seeking to assert and contrast the ‘practice’ of comparative law in distinction from the well-known and longstanding theoretical critique of the field is itself in need to define the meaning of practice. The following chapter, written for a volume edited by Jacco Bomhoff and Maurice Adams, takes up this challenge in two steps. In a first one, it revisits comparative law’s seemingly eternal self-doubt regarding its target of inquiry and its method. I will suggest that there is a great promise for comparative legal studies in the context of transnational legal pluralism as a methodological approach to the study of intersecting normative and institutional orders. In a second step, I would like to draw out the context in which current debates about comparative and transnational law are unfolding. This context- ‘global governance’- poses significant challenges for the role of law in what has fast become a multi-disciplinary inquiry regarding the contours and foundations of a continuously evolving global regulatory landscape. A reflection on the regulatory aims of comparative law as transnational law, which I have been pursuing together with Russell Miller in ‘Comparative Law as Transnational Law: A Decade of the German Law Journal’ (Oxford University Press, 2012), can serve as a powerful critique of global governance.

Number of Pages in PDF File: 21

Keywords: comparative law, comparative constitutional law, practice, transnational law, constitutionalism

JEL Classification: K10, K33

working papers series


Download This Paper

Date posted: February 7, 2012 ; Last revised: February 22, 2012

Suggested Citation

Zumbansen, Peer, Transnational Comparisons: Theory and Practice of Comparative Law as a Critique of Global Governance (February 7, 2012). Osgoode CLPE Research Paper No. 1/2012. Available at SSRN: http://ssrn.com/abstract=2000803 or http://dx.doi.org/10.2139/ssrn.2000803

Contact Information

Peer Zumbansen (Contact Author)
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416-736-5535 (Phone)
416-736-5736 (Fax)
HOME PAGE: http://www.osgoode.yorku.ca/faculty/peerzumbansen.html
Feedback to SSRN


Paper statistics
Abstract Views: 845
Downloads: 257
Download Rank: 64,851
Footnotes:  125

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.297 seconds