Comparative and Economic Approaches to Law: A Tale of Wilful Misunderstanding?
(2012) 1(1) CLH 105–124
20 Pages Posted: 23 May 2016
Date Written: January 1, 2012
Abstract
This review article summarises in a critical tone the current state of certain academic misunderstandings surrounding Legal Origins Theory (LOT). In practice this is done by reviewing the book edited by Simon Deakin and Katharina Pistor entitled Legal Origin Theory. The aim is to analyse and discuss LOT from the point of view of legal comparativism and in the light of the collection of key articles concerning the legal origin debate. This review article sheds light on the debate and some of the most crucial arguments presented in the book. The point of view taken here is one of historically sensitive comparative law. The core of the lines of argumentation in the articles is described and analysed from critical point of view.
Keywords: legal origins, comparative law, legal history
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