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Toward an Auspicious Reconciliation of International and Comparative Analyses

Toward an Auspicious Reconciliation of International and Comparative Analyses L. AMEDE OBIORA Towar d a n Auspiciou s Reconciliatio n of Internationa l and Comparativ e Analyses INTRODUCTIO N The reflections that follow address an incipient sense among some comparatists of the need for a critical self-refashioning. The assumption is tha t such a project would stem wha t they perceive as a growing erosion of the status of comparative law in the academy. This concern is arguably a restatement of age-old apprehensions. In response to it, though, this piece seeks to highlight the importance of comparative law for an understanding of law and society. The thesis which is advanced here is tha t the resources of comparative law can be deployed with a view to more meaningfully define and enforce huma n rights. In 1993, th e United Nations convened a Conference on Huma n Rights in Vienna in the hope of levelling out differences and ameliorating the formidable difficulties confronting human rights protection. More than 170 nations were in attendance. Amidst dis­ putes over the universality of huma n rights, th e official declaration of the conference affirmed the concept. Many hailed this move as a milestone. However, the affirmation of the axiom of Universality could http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Toward an Auspicious Reconciliation of International and Comparative Analyses

American Journal of Comparative Law , Volume 46 (4) – Oct 1, 1998

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Publisher
Oxford University Press
Copyright
© 1998 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840985
Publisher site
See Article on Publisher Site

Abstract

L. AMEDE OBIORA Towar d a n Auspiciou s Reconciliatio n of Internationa l and Comparativ e Analyses INTRODUCTIO N The reflections that follow address an incipient sense among some comparatists of the need for a critical self-refashioning. The assumption is tha t such a project would stem wha t they perceive as a growing erosion of the status of comparative law in the academy. This concern is arguably a restatement of age-old apprehensions. In response to it, though, this piece seeks to highlight the importance of comparative law for an understanding of law and society. The thesis which is advanced here is tha t the resources of comparative law can be deployed with a view to more meaningfully define and enforce huma n rights. In 1993, th e United Nations convened a Conference on Huma n Rights in Vienna in the hope of levelling out differences and ameliorating the formidable difficulties confronting human rights protection. More than 170 nations were in attendance. Amidst dis­ putes over the universality of huma n rights, th e official declaration of the conference affirmed the concept. Many hailed this move as a milestone. However, the affirmation of the axiom of Universality could

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 1998

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