Implicit comparative law

Macdonald, Roderick A.; Glover, Kate

doi:10.17118/11143/10194

Cited by 3 publications

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“…They threw into question the implicit teleology—the confidence in a scientific progression of legal knowledge toward a rational and ideal ordering of all societies—that had been part of the modern comparative project since its founding in the late nineteenth century (Frankenberg 2016: 45–46; Fournier 2018). Methodologically, they shifted the focus away from comparing the terms of a closed set of legal orders to the challenge of how to maneuver in a normatively diverse world (Macdonald and Glover 2013).…”

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confidence: 99%

Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law

Webber¹,

Napoleón²,

Fournier³

et al. 2020

Law Soc Rev

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At the very beginning of her career, Sally Engle Merry focused on the legal relations of nonlegally trained people—often members of the working class, marginalized or racialized groups. She explored the disjuncture between those people's understandings of disputing and the concepts, language, and procedural distinctions of legal professionals (Merry 1979, 1990, and more). That work brought her into contact with a number of scholars working on what Merry (1988) would call “new legal pluralism”: taking legal pluralism beyond the colonial and postcolonial contexts in which it had predominantly been deployed (“old legal pluralism”) and portraying it as a characteristic of virtually all societies and all law.

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confidence: 99%

Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law

Webber¹,

Napoleón²,

Fournier³

et al. 2020

Law Soc Rev

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The Multicultural Classroom As a Comparative Law Site: A United Kingdom Perspective

Hunter-Henin

2020

Ius Comparatum - Global Studies in Comparative Law

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This chapter studies the impact of the recent multicultural approach to comparative legal studies on comparative law teaching, with a focus on British debates and literature. I will argue that the multicultural turn of (comparative) legal teaching, reflected for example on a greater diversity of teaching techniques, a greater emphasis on minority issues and law &… disciplines, responds to a multiplicity of motivations. Pedagogically, it is a response to the increasingly diverse backgrounds of students and their differing intellectual starting-points. Pragmatically, it is a means to boost students' employability and intellectual versality in a job market that now values "cultural awareness skills". Finally, conceptually, it is a tool designed to unravel the pluralistic nature of law. From these diverse drivers to the multicultural turn in (comparative) legal teaching, it is possible to identify similarities with other recent trends of globalisation and internationalisation of legal education. However, this article will submit that differences remain. Having analysed these differences, I will go on to argue and reveal that in them lie the core features of a multicultural approach to legal teaching and its intrinsic connections to comparative law, as the multicultural classroom itself becomes a comparative law site.

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Overcoming the Boundaries of Legal Education: How to Make Sense of the Pandemic

Resta

2022

Legal Education and Legal Profession During and After COVID-19

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Implicit comparative law

Cited by 3 publications

References 0 publications

Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law

Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law

The Multicultural Classroom As a Comparative Law Site: A United Kingdom Perspective

Overcoming the Boundaries of Legal Education: How to Make Sense of the Pandemic

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