We started from a widespread opinion that over the last years, there has been an increasing emphasis on legal traditions which replaced- in the mainstream comparative law- the previous approach that emphasized legal families and legal national systems. Tradition- it has been suggested- may well be a more interesting concept to work in a global world. The sources of this approach may be traced back to various critiques of the comparative enterprise, focussing on the idea that there is something more we have to consider, something other than the usual apparatus of substantive solutions to legal problems and their justificatory arguments routinely used in the mainstream comparative analysis. Even though the critiques may disagree about what exactly the constitutive elements of this something should be.
FOREWORD LEGAL TRADITIONS. A CRITICAL APPRAISAL
MARINI, Giovanni
2011
Abstract
We started from a widespread opinion that over the last years, there has been an increasing emphasis on legal traditions which replaced- in the mainstream comparative law- the previous approach that emphasized legal families and legal national systems. Tradition- it has been suggested- may well be a more interesting concept to work in a global world. The sources of this approach may be traced back to various critiques of the comparative enterprise, focussing on the idea that there is something more we have to consider, something other than the usual apparatus of substantive solutions to legal problems and their justificatory arguments routinely used in the mainstream comparative analysis. Even though the critiques may disagree about what exactly the constitutive elements of this something should be.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
