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Engaging Foreign Law: Not So Liberally
Author(s) -
Pierre Legrand
Publication year - 2019
Publication title -
aandc
Language(s) - English
Resource type - Journals
eISSN - 1984-4182
pISSN - 1516-3210
DOI - 10.21056/aec.v20i75.1121
Subject(s) - doctrine , mainstream , ideology , rule of law , argument (complex analysis) , liberalism , law , comparative law , political science , sociology , law and economics , politics , biochemistry , chemistry
Taking its cue from a remarkable institutional initiative owing to the Georgetown University Law Center, this essay contests some of the key assumptions that have informed liberalism’s cosmopolitan turn. In particular, the argument addresses the way in which liberal legal thought has handled a doctrine widely known as “the rule of law”. The text challenges the universalizing drive having informed the dissemination of “the rule of law” and the attendant marginalization of culture in the form of the decredibilization of local knowledge. The paper suggests that “comparative law” can offer a valuable opportunity for the liberal self to revisit its uniformizing ideological commitments  — although not “comparative law” of the mainstream brand.

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