scholarly journals Comparative Law Methodology & American Legal Culture: Obstacles and Opportunities

2010 ◽  
Author(s):  
Colin B. Picker
Keyword(s):  
Comparative Law ◽  
Legal Culture

Comparative Law and Legal Culture

2019 ◽  
pp. 709-733 ◽  
Author(s):  
Roger Cotterrell
Keyword(s):  
Comparative Law ◽  
Legal Culture ◽  
Legal Environment ◽  
Important Place ◽  
Foreign Law

The idea of legal culture has had an important place in major recent debates about the nature and aims of comparative law. The idea of legal culture entails that law should be treated as embedded in a broader culture of some kind. This culture may, but need not necessarily, be seen as wider than the lawyer’s or lawmaker’s professional realm of law. Often, however, conceptions of legal culture encompass much more than this professional juristic realm. They refer to a more general consciousness or experience of law that is widely shared by those who inhabit a particular legal environment, for example, a particular region, nation, or group of nations. Culture appears fundamental—a kind of lens through which all aspects of law must be perceived, or a gateway of understanding through which every comparatist must pass so as to have any genuine access to the meaning of foreign law.

scholarly journals AN INTEGRATED MODEL FOR TRANSLATING LEGAL TEXTS

2017 ◽  
Vol 5 (5) ◽  
pp. 64
Author(s):  
Alenka Kocbek
Keyword(s):  
Comparative Law ◽  
Integrated Approach ◽  
Legal Culture ◽  
Specific Situation ◽  
Translation Process ◽  
Third Language ◽  
Skopos Theory ◽  
Legal Texts ◽  
Text Types ◽  
Legal Communication

The paper proposes a model for translating legal texts which is intended to direct the translation process through a series of stages to the final product—a skopos-oriented target text in which the potential pitfalls resulting from translating between different legal languages and systems have been considered. The model unites different translation stances (Snell-Hornby’s integrated approach, the functionalist views with the skopos theory and the concept of cultureme, as well as Chesterman’s theory of memes) with the findings of comparative law regarding differences between legal systems and their impact on legal languages. It consists of ten stages, each addressing one of the specific linguistic and extralinguistic aspects of legal text types. When translating legal texts, a very specific situation may arise with respect to the cultural embeddedness of the target text, since memes of different legal cultures may co-exist on its various levels. This is especially the case when the parties involved in legal communication occurring through translation decide to use a third language as a lingua franca, which may lack any direct correlation with the legal culture(s) underlying such communication.

Comparative Law and Legal Culture

2006 ◽  
pp. 708-738 ◽  
Author(s):  
Roger Cotterrell
Keyword(s):  
Comparative Law ◽  
Legal Culture ◽  
Legal Environment ◽  
Important Place ◽  
Foreign Law

The idea of legal culture has had an important place in major recent debates about the nature and aims of comparative law. The idea of legal culture entails that law should be treated as embedded in a broader culture of some kind. This culture may, but need not necessarily, be seen as wider than the lawyer's or lawmaker's professional realm of law. Often, however, conceptions of legal culture encompass much more than this professional juristic realm. They refer to a more general consciousness or experience of law that is widely shared by those who inhabit a particular legal environment, for example a particular region, nation, or group of nations. Culture appears fundamental — a kind of lens through which all aspects of law must be perceived, or a gateway of understanding through which every comparatist must pass so as to have any genuine access to the meaning of foreign law.

Comparative Law and Language

2006 ◽  
pp. 674-708 ◽  
Author(s):  
Vivian Grosswald Curran
Keyword(s):  
Common Law ◽  
Cognitive Model ◽  
Comparative Law ◽  
Legal Culture ◽  
Legal Systems ◽  
Fourth Section ◽  
The Third ◽  
Concrete Application ◽  
Post War

The second section of this article suggests that the study of language is a cognitive model for comparative law. The third section discusses language's dependence on translation. The fourth section discusses comparative law translations in terms of the contrasting categories that undergird the civil and common law legal systems. The fifth section examines the post-war comparative law scholars' immersion in a new language and legal culture. The sixth section situates comparative law between deeply entrenched, mutually contradictory aspirations of universalism and pluralism. The seventh section shows that former domains of pluralism and difference indeed are receding, but that difference itself remains undiminished. The eighth section notes that comparative law's effectiveness as a translator of the foreign depends on how well its acquired skills and methods can be adapted to new kinds of foreignness. The ninth section offers a concrete application of comparative law analysis as translator of current European legal developments.

Comparative Law and the Islamic (Middle Eastern) Legal Culture

2006 ◽  
pp. 608-640 ◽  
Author(s):  
Chibli Mallat
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Middle Eastern ◽  
Comparative Law ◽  
Legal Culture ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Third ◽  
Nation States ◽  
Western Side

This article examines comparative law in Islamic legal culture. The first section discusses the comparative framework in Islamic law and civilization. The second section describes the rule of law in the prism of the legal profession. The third section discusses the notions of public and private in issues such as constitutions, contracts and torts, and family law. A millennium and a half after the Islamic revelation, unrest and violence associated with the Islamic/Middle Eastern world make one wonder, from a comparative perspective, whether West and East are not on a collision course precisely because of their diametrically opposed concepts of law. On the Western side, law is associated with nation-states and their territory; on the Islamic/Middle Eastern side, law is dominated by the personal dimension, defined on the basis of religion and even sect within that religion.

Legal Families, Legal Culture, and Context

2019 ◽  
pp. 200-224
Author(s):  
Uwe Kischel
Keyword(s):  
Comparative Law ◽  
Legal Culture ◽  
Legal Rule ◽  
Legal Order ◽  
Classification Systems ◽  
Legal Environment ◽  
One Dimensional ◽  
The Core ◽  
Individual Comparison ◽  
Legal Sociology

This chapter discusses legal families, legal culture, and context. A legal family is structured genealogically, with a parent legal order and its historical offspring or siblings. There are many classification systems for legal families. Classifications of legal systems do not necessarily have to be one-dimensional, they can just as well be hierarchical. Meanwhile, the idea of legal culture has long played an important role in comparative law. However, it is heavily burdened by its origin in legal sociology. Context thus becomes the core concept not only of individual comparison, but also of overall type comparison. In an individual comparison, working with context requires taking into account the entire legal and non-legal environment in which every legal rule exists. In a type comparison, the elements of this environment are aggregated.

Comparative Law and Socio-Legal Studies

2019 ◽  
pp. 771-804
Author(s):  
Annelise Riles
Keyword(s):  
Legal Pluralism ◽  
Comparative Law ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Studies ◽  
Active Debate ◽  
Legal Harmonization

The article begins by describing some shared ancestral figures of both comparative law and socio-legal studies, and the conundrums they have left to both fields. It then turns to the divisions between socio-legal studies and comparative law. It qualifies this account of disciplinary division with a description of two important areas of research—non-European comparative law and legal pluralism. The discussion describes the new rapprochement between the fields, and outlines a series of foci of active debate. These include the nature of legal pluralism under conditions of globalization, the character of legal culture, the causes and prospects of legal transplants, and the consequences of legal harmonization. From this point of view, the article outlines a number of points of general agreement between comparative lawyers and socio-legal scholars in hopes that the debate on these particular points can now be put to rest.

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