Understanding Culture for Comparative Law

Abstract

Misunderstandings of the concept of culture are responsible for many difficulties in comparative law. A general talk of a culture can only be distorting or empty, any meaningful talk must be based on specific elements of the culture. Cultural elements are different in their relevance to the problem of life and law, and the enquires into cultural influences upon law must therefore be based upon the relevancy of a particular element to a particular law. The insider’s view as the appropriate way to understand a culture is a fallacy; the outsider’s view is the only way possible to understand a culture. It is another common wrong to take culture as purely subjective construction, the objectivity of cultural elements is essential for the proper understanding of a culture and the methodological improvement of comparative law.

Keywords: Cultural element, relevancy, outsider's view, objectivity