Global Comparative Law - Right Cure for the Wrong Disease?
Tilburg Foreign Law Review, Vol. 13, pp. 393-412, 2007
20 Pages Posted: 6 Nov 2009
Date Written: November 5, 2009
Abstract
This review-article deals with Werner Menski’s interesting argument (Comparative Law in a Global Context: The Legal Systems of Asia and Africa 2006) for pluralistic and genuinely global comparative law. The content and general structure of this argument is described while it is also highlighted against the present literature on general comparative law. Also, the state of comparative law as a discipline is looked at side by side with the presentation of Menski’s argument and its key points. In the end, the author highlights some of the contributions and problems that Menski’s argument contains. In conclusion, the contribution of pluralistic and global comparative law is assessed specifically from the point of view of the European legal mind – what value, if any, does the argument for a pluralistic and diverse open comparative law epistemology have from the point of view of european centred and somewhat inside-looking scholarly debate.
Keywords: comparative law, methdology, Asian law, African law
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