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Melodies on Comparative Law: A Review Essay

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The volume under review contains theoretical reflections on comparative law dealing with diverse topics ranging from the basis of the discipline to globalization, Europeanization and transposition of law. According to the author of the book, comparative law is a subject that can be approached solely as an enigma and the book aims to do this with the help of metaphors taken from the theory of music. This volume expresses a complex understanding of comparative law and shakes off the old images of comparative law as being either a purely academic or a hopelessly non-theoretical practical exercise. The Enigma of Comparative Law is different in orientation both to the scholarship of conventional comparative law and to post-modern/critical comparative law which have argued for extreme all-or-nothing positions. The political nature of comparative law venture is openly acknowledged but it is not seen as overwhelming. Esin Örücu's book also argues for legal pluralism and a comprehensive view of law. The book applauds methodological pluralism. Diversity of methods is seen not as being counterproductive but instead as a virtue that will enhance the future prospects of comparative law in internationalized world. The review essay concludes by arguing for an idea according to which there is no one legitimate tradition of comparative law/comparative legal studies but many.

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/content/journals/10.1163/1571810054301059
2005-02-01
2015-07-28

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