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Comparative Law as Comparative Jurisprudence— The Comparability of Legal Systems

Comparative Law as Comparative Jurisprudence— The Comparability of Legal Systems CATHERINE VALCKE* Comparativ e Law a s Comparativ e Jurisprudence— Th e Comparability of Lega l Systems I. INTRODUCTION 713 II. COMPARABILITY REQUIRES UNITY AND PLURALITY 720 III. NATURALISM: THE LEGA L SYSTEM I S UNIFIE D BUT NOT PLURAL 721 IV. POSITIVISM: THE LEGA L SYSTEM I S PLURAL BUT NOT UNIFIE D 724 V. LAW AS JURISPRUDENCE : THE LEGAL SYSTEM I S UNIFIE D AND PLURAL 731 VI. CONCLUSION 739 I. INTRODUCTION Much ink ha s been spilled on wha t is now commonly labelled th e "malaise" of comparativ e law. This malaise—perhaps the most seri­ ous crisis to strike the discipline since its inception —is not about quantity: the comparative law literatur e is voluminou s by an y stan­ dard. Rather, it relate s to th e fact that this literature has yet t o con­ geal into a "discipline" proper, that is, into "a shared body of * Professor of Law, University of Toronto, and Visiting Professor of Law, Uni­ versity of Montreal . My thank s go to Alan Brudner, Bruce Chapman, Abraham Dras- sinower, France Houle, Charlotte Lemieux, Adrian Poporici, Arthur Ripstein, Iain Scott, and Luc Trembla y for commenting http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Comparative Law as Comparative Jurisprudence— The Comparability of Legal Systems

Valcke, Catherine
American Journal of Comparative Law , Volume 52 (3) – Jul 1, 2004
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Publisher
Oxford University Press
Copyright
© 2004 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/4144481
Publisher site
See Article on Publisher Site

Abstract

CATHERINE VALCKE* Comparativ e Law a s Comparativ e Jurisprudence— Th e Comparability of Lega l Systems I. INTRODUCTION 713 II. COMPARABILITY REQUIRES UNITY AND PLURALITY 720 III. NATURALISM: THE LEGA L SYSTEM I S UNIFIE D BUT NOT PLURAL 721 IV. POSITIVISM: THE LEGA L SYSTEM I S PLURAL BUT NOT UNIFIE D 724 V. LAW AS JURISPRUDENCE : THE LEGAL SYSTEM I S UNIFIE D AND PLURAL 731 VI. CONCLUSION 739 I. INTRODUCTION Much ink ha s been spilled on wha t is now commonly labelled th e "malaise" of comparativ e law. This malaise—perhaps the most seri­ ous crisis to strike the discipline since its inception —is not about quantity: the comparative law literatur e is voluminou s by an y stan­ dard. Rather, it relate s to th e fact that this literature has yet t o con­ geal into a "discipline" proper, that is, into "a shared body of * Professor of Law, University of Toronto, and Visiting Professor of Law, Uni­ versity of Montreal . My thank s go to Alan Brudner, Bruce Chapman, Abraham Dras- sinower, France Houle, Charlotte Lemieux, Adrian Poporici, Arthur Ripstein, Iain Scott, and Luc Trembla y for commenting

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jul 1, 2004

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