Cultural Comparative Law?
LEGAL AND POLITICAL THEORY IN THE POST-NATIONAL AGE, pp. 40-51, Cserne, Péter, Könczöl, Miklós, eds., Peter Lang, Frankfurt am Main, Berlin, Bern, Bruxelles, New York, Oxford, Wien. 2011
12 Pages Posted: 28 Aug 2012
Date Written: August 27, 2010
The main aim of this paper is to discuss some recent developments in comparative law. Many scholars – including Pierre Legrand, David Nelken and Csaba Varga – declared that comparative law is in need of a ‘cultural turn.’ They advocate a wide application of the concept of culture in comparative legal studies instead of relying on the classical legacy of functionalism and the notion of ‘legal families’ coined by Zweigert/Kötz and David. The paper presents cultural comparatism by examining Legrand’s theses and formulates some critical remarks. In conclusion, it is argued that the premises of cultural comparatism can be fruitfully applied in comparative law but this should be done with a modest and critical attitude since some points of culturalism imply unrealistic assumptions. The final claim of the paper is that a potential field of application may be the research of post-Socialist legal mentalité in Central Europe.
Keywords: comparative law, legal culture, culturalism, comparative legal cultures, Pierre Legrand
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