The contribution of Critical Legal Studies to comparative law is a matter of considerable international interest, not only in light of the remarkable presence of the movement in several leading US-American academic institutions but also in view of the rather desperate need for comparative law as an academic discipline for theoretical revision and reorientation. This article examines the contributions Critical Legal Studies has really made to comparative law, and how original they are. First, it describes the emergence, as well as some of the work, of Critical Legal Studies in terms of comparative law. Second, it pursues to what extent the Critical Legal Studies approach breaks with, or rather continues, the agenda of the discipline’s mainstream. Third, it presents a sympathetic analysis of the critique, evaluating the actual political and scholarly contribution of the Critical Legal Studies approach to comparative law.

Comparative Law and Critical Legal Studies

Ugo Mattei
2019-01-01

Abstract

The contribution of Critical Legal Studies to comparative law is a matter of considerable international interest, not only in light of the remarkable presence of the movement in several leading US-American academic institutions but also in view of the rather desperate need for comparative law as an academic discipline for theoretical revision and reorientation. This article examines the contributions Critical Legal Studies has really made to comparative law, and how original they are. First, it describes the emergence, as well as some of the work, of Critical Legal Studies in terms of comparative law. Second, it pursues to what extent the Critical Legal Studies approach breaks with, or rather continues, the agenda of the discipline’s mainstream. Third, it presents a sympathetic analysis of the critique, evaluating the actual political and scholarly contribution of the Critical Legal Studies approach to comparative law.
2019
The Oxford Handbook of Comparative Law (2nd edn)
Oxford University Press
805
825
comparative law, Critical Legal Studies, legal consciousness, legal transplants, political contribution, US academic institutions
Ugo Mattei
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/2141676
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