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Comparative Law and the Task of Negative Critique (Hardcover)
Loot Price: R3,841
Discovery Miles 38 410
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Comparative Law and the Task of Negative Critique (Hardcover)
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Total price: R3,861
Discovery Miles: 38 610
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This book's essays seek to cleanse comparative law of some of the
epistemic detritus it has been collecting and that has been
cluttering its theory and practice to the point where this flotsam
has effectively stultified 'good' comparison. While a critique
would pursue adjustments to the prevailing model, this text's
negative critique seeks a much more radical refurbishment as it
utters an emphatic 'no' to the governing epistemology: it pursues,
in effect, a deposition and a disposition of the leading epistemic
configuration and the various assumptions regarding the acquisition
of knowledge about foreign law that inform it. Negative comparative
law thus operates at a primordial level inasmuch as it concerns the
matter of justice: it aims to do justice to foreign law as
foreignness finds itself appropriated and travestied by
comparatists for ideological purposes. In the process, negative
critique purports significantly to enhance comparative law's
institutional, intellectual, and ethical respectability. This book
will benefit all law teachers and postgraduate law students
interested in the workings of law on the international scene,
whether specialists in comparative law, public international law,
private international law, transnational law, or foreign relations
law - in particular, individuals bringing to bear a critical
inclination to their subject-matter.
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