Edward Elgar Publishing Comparative Law as Critique (Elgar Studies in Legal Theory)

Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Gunter Frankenberg discusses not only methods and theories but also the ethical implications and the politics of comparative law in order to bring out the different dimensions of the discipline.Comparative Law as Critique offers various approaches that turn on the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also analyses how courts negotiate differences between cases regarding Muslim veiling. Gunter Frankenberg presents varied critical projects that discuss methods and theories, ethics and the politics of comparative law to bring out the different dimensions of the discipline.The incisive critiques and comparisons in this book will make essential reading for comparatists working in legal education and research as well as students of comparative law and scholars in comparative anthropology and social sciences. Review 'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access to justice and reinvigorate human rights as a language of justification. A methodological tour de force.' --- David Kennedy, Harvard University, US 'One of the most courageous and intellectually earnest legal scholars of our time, Gunter Frankenberg, has devoted his efforts to reconstructing comparative law's internal strength and potential for critical analysis. This book is a masterpiece that should be read by every serious thinker concerned with the need for legal reforms and the politics of globalization.' --- Pier Giuseppe Monateri, University of Turin, Italy 'Globalisation has made legal comparison fashionable, but in the mainstream varieties practiced within institutional settings or by surviving nineteenth century societes savantes, it involves, at best, a superficial overview of national practices in a quest for similarities (not differences), at worst, an apology of the exclusionary dynamics at work in the act of comparison. While Frankenberg's acutely critical view draws attention to the political and epistemological implications of existing methodologies, it also provides the foundations of a renewed intellectual enterprise, thereby joining the outstanding scholarship of Legrand, Samuel or Monateri in what might be termed "New Approaches to Comparative Law".' --- Horatia Muir Watt, Sciences-po, France About the Author Günter Frankenberg, Goethe University, Frankfurt am Main, Germany