Challenging legal culture
European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 5-18
COMPARATO, Guido, Challenging legal culture, European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 5-18 - https://hdl.handle.net/1814/34387
Retrieved from Cadmus, EUI Research Repository
With a view to stimulating discussion regarding one of the most widespread methodological approaches in current legal studies and, in particular, in comparative private law, this paper challenges the notion of legal culture. Although focussing on the link between law and culture can be considered a heterodox approach that contributes to a better understanding of the dynamics of the legal system, this paper argues that the way in which legal culture is mostly understood in the discussions of comparative and European (private) lawyers is biased such that instead of shedding light on the deeper dynamics of the legal system it rather obfuscates them. This is mostly due to a static understanding of legal culture as national legal culture. Rather than erroneous, this conceptualisation appears as insufficient. This hints at the necessity of adopting a dynamic and pluralistic understanding of legal culture that escapes hegemonic consequences.
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