giovedì 22 ottobre 2009

Legrand on Authenticity

Vol. 1 of the Journal of Comparative Law, opens with an Article of Pierre Legrand now available also on SSRN as a San Diego Legal Studies Research Paper (No. 08/71).

From Author's preface
"Engaging in hubristic programmes that engender a hasty and frenetic search for commonalities-which-clearly-must-be-there-since-we-want-them-there, ‘the comparati[st] presumes similarities between different jurisdictions in the very act of searching for them’. Now, the ‘sameness’ across different laws that comparative research postulates is necessarily based on the repression and exclusion of pertinent differences located in the matrix within which any manifestation of posited law is inevitably ensconced."


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