Negative Comparative Law: A Strong Programme for Weak Thought

This book explores the commitment of comparative law to the deterritorialization of the legal and its claim for the normative relevance of foreign law locally in statutory determinations, judicial opinions, and academic reflections. It offers fifteen essays that impart radical and discerning intellectual equipment to foster the valorization of the legally foreign and the comparative motion. The critique examines pre-eminent topics like culture and difference, understanding and translatability, objectivity and truth, invention and tracing, and contends that comparatists must embrace a practice better attuned to the study of foreignness.

Format: Hardback
Length: 352 pages
Publication date: 09 June 2022
Publisher: Cambridge University Press

This book, written under the sign of Beckett, delves into the commitment of comparative law to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations, judicial opinions, or academic reflections. Aiming to resist the law's persistent tendency towards nationalist retrenchment and counter comparative law's institutional marginalization, the fifteen essays presented herein offer radical and discerning intellectual equipment to foster the valorization of the legally foreign and the comparative motion. In particular, the critique informing this manifesto examines preeminent topics such as culture and difference, understanding and translatability, objectivity and truth, invention and tracing. Harnessing insights from a range of disciplinary discourses, this book contends that comparatists must boldly desist from their field's dominant epistemology and embrace a practice much better attuned to the study of foreignness.

Introduction:
Comparative law, as a field of study, has always been driven by the quest to transcend national boundaries and explore the commonalities and differences between legal systems. However, this pursuit has often been met with resistance, both within legal academia and in broader society. The law's tendency towards nationalist retrenchment and the marginalization of comparative law within legal institutions have posed significant challenges to the field's growth and development.

The Challenge of Deterritorialization:
One of the central challenges facing comparative law is its commitment to the deterritorialization of the legal. This means that comparative law seeks to understand the legal in a broader context, beyond the confines of national legal systems and their specific doctrines and principles. However, this deterritorialization has often been met with resistance, as it challenges the dominant narratives of legal sovereignty and authority.

The Claim for the Normative Relevance of Foreign Law:
In addition to the challenge of deterritorialization, comparative law also makes a claim for the normative relevance of foreign law locally in the fabrication of statutory determinations, judicial opinions, or academic reflections. This claim is based on the idea that foreign law can provide valuable insights and perspectives that can enrich the legal discourse and contribute to the development of more just and equitable legal systems.

The Fifteen Essays:
To address these challenges, this book presents fifteen essays that explore the various dimensions of comparative law and its commitment to the deterritorialization of the legal. The essays are written by leading scholars from different disciplines, including law, sociology, anthropology, and political science. Each essay offers a unique perspective on the topic and provides valuable insights into the ways in which comparative law can contribute to the study of foreignness.

Culture and Difference:
One of the key themes explored in the essays is the relationship between culture and difference. The authors argue that culture is not a fixed entity but rather a dynamic and fluid phenomenon that is shaped by a range of social, economic, and political factors. They also argue that difference is not a negative thing but rather a source of richness and diversity that can contribute to the development of more inclusive and equitable legal systems.

Understanding and Translatability:
Another important theme explored in the essays is the concept of understanding and translatability. The authors argue that legal systems are not static entities but rather dynamic and evolving systems that are constantly influenced by social, cultural, and political changes. They also argue that the translation of legal texts and the interpretation of legal norms are complex processes that require a nuanced understanding of the cultural and linguistic contexts in which they are situated.

Objectivity and Truth:
The essays also address the issue of objectivity and truth in the study of law. The authors argue that legal norms and doctrines are not inherently objective but rather are shaped by a range of social, cultural, and political factors. They also argue that the pursuit of truth in the study of law is a complex and multifaceted process that requires a critical and reflexive approach.

Invention and Tracing:
In addition to these themes, the essays also explore the concept of invention and tracing in the study of law. The authors argue that law is not a static entity but rather a dynamic and evolving system that is constantly being shaped by a range of social, cultural, and political forces. They also argue that the study of law requires a critical and reflexive approach that is able to trace the historical and social roots of legal norms and doctrines.

Conclusion:
In conclusion, this book provides a valuable contribution to the study of comparative law and its commitment to the deterritorialization of the legal. The fifteen essays presented herein offer a range of insights and perspectives that can help to foster the valorization of the legally foreign and the comparative motion. By embracing a practice that is much better attuned to the study of foreignness, comparatists can contribute to the development of more inclusive and equitable legal systems that are better equipped to address the complex challenges of our globalized world.

Weight: 842g
Dimension: 158 x 236 x 34 (mm)
ISBN-13: 9781316511978