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AbstractThis Article seeks to reanimate comparative legal scholarship by reorienting it towards decolonizing critique. In his critical assessment of the state of the field, Pierre Legrand suggests that comparative law has become mired in a solipsistic and outmoded style of positivism. Drawing...
AbstractPierre Legrand’s return to the pages of the American Journal of Comparative Law after nearly twenty years is cause for reflection on the reasons for this prolific comparatist’s absence from one of the discipline’s leading scholarly fora. One reason is the widespread disdain aimed at...
AbstractWithstanding trendyism and its abrupt brevities, shunning the contemporary’s brisk cadences, this Article compares two salient comparativisms-at-law. While it argues that these models are epistemically irreconcilable in significant respects—and that one approach is emphatically more...
AbstractA common method in comparative law is functionalism. Legal doctrines and rules are compared in terms of the functions they serve. This method is sometimes in tension with another which explains differences in law by differences in culture. That tension can be reconciled by recognizing...
AbstractThis invited commentary offers a number of reflections in response to a recent article by Pierre Legrand. In that article, several frontlines are drawn between what Legrand considers the right and the wrong ways of doing comparative law. The following commentary tries to make sense of...
AbstractIn this response to Pierre Legrand’s dense and provocative account of my differences with James Gordley, I express some gratitude for Professor Legrand’s kindness, some dismay at his account of Gordley, some uneasiness about the use of literary theory in comparative law, and not least my...
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