Power, Culture and Method in Comparative Law

International Journal of Law in Context, 2009

A REVIEW ESSAY OF COMPARATIVE LAW: A HANDBOOK, Esin Orucu & David Nelken, eds., Hart Publishing, 2007

27 Pages Posted: 23 Feb 2009

See all articles by Reza Banakar

Reza Banakar

Lund University - Sociology of Law

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Date Written: February 17, 2009

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.

Keywords: Contextualisation, comparative law, socio-legal research, power, legal culture, pluralism, legal traditions, methodology, harmonisation, unification, interdiscipliniarity

JEL Classification: K1, K2, K3, N2, N4, k49

Suggested Citation

Banakar, Reza, Power, Culture and Method in Comparative Law (February 17, 2009). International Journal of Law in Context, 2009, A REVIEW ESSAY OF COMPARATIVE LAW: A HANDBOOK, Esin Orucu & David Nelken, eds., Hart Publishing, 2007, Available at SSRN: https://ssrn.com/abstract=1345100

Reza Banakar (Contact Author)

Lund University - Sociology of Law ( email )

Lund
Sweden
0046 + 46 222 8753 (Phone)

HOME PAGE: https://www.soclaw.lu.se/en/reza-banakar

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