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Negative Comparative Law - A Strong Programme for Weak Thought (Hardcover)
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Negative Comparative Law - A Strong Programme for Weak Thought (Hardcover)
Series: Cambridge Studies in International and Comparative Law
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Written under the sign of Beckett, this book addresses comparative
law's commitment to the deterritorialization of the legal and its
attendant claim for the normative relevance of foreign law locally
in the fabrication of statutory determinations, judicial opinions,
or academic reflections. Wanting to withstand the law's persistent
tendency towards nationalist retrenchment and counter comparative
law's institutional marginalization, the fifteen essays at hand
impart radical and discerning intellectual equipment in order to
foster the valorization of the legally foreign and the comparative
motion. In particular, the critique informing this manifesto
examines pre-eminent topics like culture and difference,
understanding and translatability, objectivity and truth, invention
and tracing. Harnessing insights from a range of disciplinary
discourses, this book contends that comparatists must boldly desist
from their field's dominant epistemology and embrace a practice
much better attuned to the study of foreignness.
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