The Negative Turn in Comparative Law
Pierre Legrand, "The Negative Turn in Comparative Law"
English | ISBN: 0367723034 | 2024 | 346 pages | EPUB, PDF | 1083 KB + 9 MB
English | ISBN: 0367723034 | 2024 | 346 pages | EPUB, PDF | 1083 KB + 9 MB
This book’s essays aim subversively and resolutely to replace the hegemonic discursive frame governing comparative law. Beyond harnessing negative critique to resist the orthodoxy’s self-assured cognitive assumptions, at once unexamined and indefensible, the argument mobilizes negativity as an empowering idea, a resource towards the displacement of the brand of comparative law that has been fostering a closing of the comparing mind. To answer the demands of the moment and herald foreign law research as a creditable intellectual development, one requires to engage in a culturalist theorization and practice of comparative law at radical variance from the prevailing positivist model. The negative turn, then, is a call to comparative action – a comparactive motion – in support of the robustly indisciplined thinking that must thoroughly inform research into foreign law. In photography, the negative has been employed productively to generate a positive print. In comparative law, negation wants to affirm edifying epistemic yields.
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