Abstract
Contemporary comparative law and comparative legal scholarship have generally been marked by constructivist purposes, as a means for state building and local law reform. In this sense they have lent support to the idea of law being an exclusively national phenomenon. However, as a result of globalization, the question is whether the discipline, as it stands now, is fit for dealing with an ever more interdependent world. The answer might well be in the negative, with a result that comparative lawyers have to adapt their analytical and educational toolkits to ones other than constructivist purposes, and also to the realities of a largely fragmented and fluid regulatory landscape. At least three challenges stand out with regard to changing comparative law from a marginal and static discipline into a central and dynamic one: the objects of comparative law; the role of comparative law in the law curriculum and the type of research a dynamic approach to comparative law requires.
Highlights
Patrick Glenn has aptly and repeatedly observed that for a long time comparative law and comparative legal scholarship[1] have generally been marked by constructivist purposes: as a means for state building and local law reform.[2]
Contemporary comparative law and comparative legal scholarship have generally been marked by constructivist purposes, as a means for state building and local law reform
As a result of globalization, the question is whether the discipline, as it stands is fit for dealing with an ever more interdependent world
Summary
Patrick Glenn has aptly and repeatedly observed that for a long time comparative law and comparative legal scholarship[1] have generally been marked by constructivist purposes: as a means for state building and local law reform.[2]. Looking at the region where I come from, i.e. continental Europe: up until the nineteenth century, when the nation state was in formation for some time already,[3] there were quite some nonbinding - secondary or supplementary - legal sources available, which interacted or competed with each other: e.g., canonical law, local statutes, custom, case law, Roman law (the overarching and unifying source), and, yes, the Bible (the latter the most ‘binding’ of all!).
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