This paper is a summary of the Formants approach in Comparative Law. The method is defined in its basic tenets and it is analyzed in relation with the Critical Studies as a first attempt to derive newer tools to manage cross-system analysis in legal matters. As such it deals not only with the practice of Comparative Law but also with Comparative Law as Theory, and consequently with its own epistemology. In an Appendix something is suggested about how to afford Comparative Law in the field of Cultural Studies using the theory of Complex Orders.
Legal formants and competitive models. Understanding comparative law from legal process to critique in cross-system legal analysis
MONATERI, Pier Giuseppe
2015-01-01
Abstract
This paper is a summary of the Formants approach in Comparative Law. The method is defined in its basic tenets and it is analyzed in relation with the Critical Studies as a first attempt to derive newer tools to manage cross-system analysis in legal matters. As such it deals not only with the practice of Comparative Law but also with Comparative Law as Theory, and consequently with its own epistemology. In an Appendix something is suggested about how to afford Comparative Law in the field of Cultural Studies using the theory of Complex Orders.
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