Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Part I Discipline and critique I. Comparative law as discipline 2. Critique and comparison Part II Charting the comparative space 3. Navigating the mainstreams 4. Orientalizing comparative law's occident 5. Muslim veiling: critique of a comparative discourse Part III Comparing human rights narratives 6. Human rights and narratives of justification 7. Before the law: the discourse about 'access to justice' 8. Thick comparison? Bibliography.
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