Inconsistencies in the use of legal culture in comparative legal studies

Abstract

This paper is devoted to the discussion and critical analysis of the various uses of the term ‘legal culture’ in recent comparative legal studies. It submits that the application of the concept of legal culture has had no consensually shared approach in comparative law; instead, numerous different ways exist. The main approaches of legal culture in comparative studies have been the use of this concept as (i) background, (ii) interactions around law, and (iii) a sum of attitudes towards law. In addition, the use of this term is even more complicated as certain typical inconsistencies may also be identified. Examples show (i) the confusion of different understandings of legal culture found within the same study; and that (ii) the under-theorisation and (iii) over-theorisation of legal culture can both be regarded as such typical inconsistencies. In conclusion, the paper calls attention to a more restricted, self-reflective and critical application of this term as the prerequisite of an efficient scholarly use.