Transnationalizing Comparative Law
Maastricht Journal of European and Comparative Law, Forthcoming
7 Pages Posted: 20 Dec 2015 Last revised: 20 Jan 2016
Date Written: December 17, 2015
Comparative law will not die in the 21st century, but nor can it remain unchanged. Comparative law as we have it today still retains its roots in 1900: it is focused on states, on positive law, and on a scientific approach. Comparative law in the age of transnationalism will have to transnationalize: it must move beyond the state, it must move beyond positive law, and it must endorse cultural approaches. We must retain our critique of legal nationalism, but we must add our critique of uncritical legal universalism.
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