Transnationalizing Comparative Law

Maastricht Journal of European and Comparative Law, Forthcoming

Duke Law School Public Law & Legal Theory Series No. 2016-8

TLI Think! Paper 02/2016

7 Pages Posted: 20 Dec 2015 Last revised: 20 Jan 2016

See all articles by Ralf Michaels

Ralf Michaels

Max Planck Institute for Comparative and International Private Law

Date Written: December 17, 2015

Abstract

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.

Suggested Citation

Michaels, Ralf, Transnationalizing Comparative Law (December 17, 2015). Maastricht Journal of European and Comparative Law, Forthcoming; Duke Law School Public Law & Legal Theory Series No. 2016-8; TLI Think! Paper 02/2016. Available at SSRN: https://ssrn.com/abstract=2705436

Ralf Michaels (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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