Comparative Law and Language Revisited
Forthcoming, Oxford Handbook of Comparative Law, (ed.s, Mathias Reimann & Reinhard Zimmermann)
57 Pages Posted: 19 Oct 2017 Last revised: 21 Oct 2017
Date Written: October 17, 2017
Abstract
Comparative law shares with language the pitfalls of miscommunication and misunderstanding, as well as the potentials of learning to see, to communicate and to shed light in that elusive, inevitable, shifting and ever-reconfiguring space that, like language, it occupies between the same and the other. Today, the role of comparative law as translator for the international, the cross-border, the transnational, has emerged as so crucial so often and in so many places that one may say what comparative law has become today has changed as domestic courts’ confrontations with foreign law has made the need for comparative law understanding vital, if not dire.
Keywords: comparative law, language, transnational law, interpretation
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