| Tittel: | Macro-Comparative Law – Reloaded | | Ansvar: | Jaakko Husa | | Forfatter: | Husa, Jaakko  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Tidsskrift for rettsvitenskap | | Utgitt: | Oslo : Universitetsforlaget, 2018 | | Omfang: | S. 410-447 | | Serie: | Tidsskrift for rettsvitenskap ; 4/2018 | | Note: | 10.18261/issn.1504-3096-2018-04-03 | | Innhold: | Abstract
This article deals with macro-comparative law by making use of the metaphor of ‘reloading’. Legal family, culture and tradition are regarded as key parts of the conceptual software of comparative law. The metaphor of reloading is used as a device for seeing macro-comparative law in terms of starting afresh without rejecting the old notions. The article shows that, despite differences, these macro-constructs overlap each other even though their methodologies and disciplinary frameworks differ. Hong Kong law, Dutch legal culture and Hindu legal traditions are used as illustrations. It is argued that the key macro-notions can be used simultaneously, and that there is no black-or-white logic requiring only one conceptualization. In short, what needs to be removed is the taxonomical objective of twentieth century comparative law. This means embracing the paradoxicality of the world of law today and accepting commensurable overlapping conceptualizations. |
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