Diapositives versus Movies – The Inner Dynamics of the Law and Its Comparative Account

M. Bussani and U. Mattei (eds.), The Cambridge Companion to Comparative Law, CUP, Cambridge, 2012, 1-9

7 Pages Posted: 11 Jan 2013

See all articles by Mauro Bussani

Mauro Bussani

University of Trieste School of Law

Ugo Mattei

UC Law, San Francisco

Date Written: April 1, 2012

Abstract

The paper is the introduction to the Cambridge Companion to Comparative Law. The book (as well as its introduction) goes through the variety of possible nuances of comparative law. Acknowledging that diverse working comparative methods can all be useful tools to the understanding of the legal phenomena, this preface sets up two provisos. One is that any method one relies on should enable the researcher to stay close to what the law is, to how the law lives in the different settings – regardless of what one would like (i.e. regardless of what any kind of personal and cultural bias may expect) the law to be. The second proviso is that academically acceptable comparisons cannot be performed by anybody. There is indeed a widespread sense that comparison is not a professional endeavor per se, but just a method or an approach that, no matter how superficially, any legal scholar can adopt. This attitude is culturally naïve and scientifically noxious.

Keywords: comparative legal studies, comparative methodology

JEL Classification: K10

Suggested Citation

Bussani, Mauro and Mattei, Ugo A., Diapositives versus Movies – The Inner Dynamics of the Law and Its Comparative Account (April 1, 2012). M. Bussani and U. Mattei (eds.), The Cambridge Companion to Comparative Law, CUP, Cambridge, 2012, 1-9, Available at SSRN: https://ssrn.com/abstract=2199143

Mauro Bussani (Contact Author)

University of Trieste School of Law ( email )

Piazzale Europa 1
Trieste, Trieste 34100
Italy

Ugo A. Mattei

UC Law, San Francisco ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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