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Legal cultures, legal paradigms and legal doctrine: towards a new model for comparative law

Mark Van Hoecke UGent and Mark Warrington (2010) Legal theory and the legal academy. In The Library of Essays in Contemporary Legal Theory 3. p.291-332
abstract
The aim of this article is to re-consider the theoretical foundations of comparative law in the light of markedly differing world legal cultures. In essence the reader is presented with the fact that there appears to be within comparative law, differing levels of the enterprise, ranging from sociological/anthropological research carried out accross significant cultural divides to comparison accross the borders of nation states who find their laws being compared against a similar cultural and paradigmatical background. The article considers aspects of legal culture and how they might be harnessed in the reconstruction of a paradigm of legal families. The article also reconsiders the importance of legal doctrine for comparative analysis, from the internal perspective of one of the four identified legal cultural families - western legal culture. In the context of the reconsideration of theoretical approaches certain concepts relating to a defintion of law need to be considered these being: law as rules, law as culture, and law as an instrument of integration. Some paradigmatical fields and elements are been distinguished which might be useful as a framework for comparative analysis and for identifying new ‘legal families’ replacing the traditional, but outdated, ‘legal families’ distinctions.
Please use this url to cite or link to this publication:
author
organization
year
type
bookChapter
publication status
published
subject
keyword
legal doctrine, legal culture, legal families
book title
Legal theory and the legal academy
editor
Maksymilian Del Mar
series title
The Library of Essays in Contemporary Legal Theory
volume
3
pages
291 - 332
publisher
Ashgate Publishing
place of publication
Farnham, UK
ISBN
9780754628880
language
English
UGent publication?
yes
classification
B2
copyright statement
I have transferred the copyright for this publication to the publisher
VABB id
c:vabb:301558
VABB type
VABB-4
id
1110231
handle
http://hdl.handle.net/1854/LU-1110231
date created
2011-01-26 11:19:13
date last changed
2015-06-17 09:23:11
@incollection{1110231,
  abstract     = {The aim of this article is to re-consider the theoretical foundations of comparative law in the light of markedly differing world legal cultures.  In essence the reader is presented with the fact that there appears to be within comparative law, differing levels of the enterprise, ranging from sociological/anthropological research carried out accross significant cultural divides to comparison accross the borders of nation states who find their laws being compared against a similar cultural and paradigmatical background.  The article considers aspects of legal culture and how they might be harnessed in the reconstruction of a paradigm of legal families.  The article also reconsiders the importance of legal doctrine for comparative analysis, from the internal perspective of one of the four identified legal cultural families - western legal culture.  In the context of the reconsideration of theoretical approaches certain concepts relating to a defintion of law need to be considered these being: law as rules, law as culture, and law as an instrument of integration. Some paradigmatical fields and elements are been distinguished which might be useful as a framework for comparative analysis and for identifying new {\textquoteleft}legal families{\textquoteright} replacing the traditional, but outdated, {\textquoteleft}legal families{\textquoteright} distinctions.},
  author       = {Van Hoecke, Mark and Warrington, Mark},
  booktitle    = {Legal theory and the legal academy},
  editor       = {Del Mar, Maksymilian},
  isbn         = {9780754628880},
  keyword      = {legal doctrine,legal culture,legal families},
  language     = {eng},
  pages        = {291--332},
  publisher    = {Ashgate Publishing},
  series       = {The Library of Essays in Contemporary Legal Theory},
  title        = {Legal cultures, legal paradigms and legal doctrine: towards a new model for comparative law},
  volume       = {3},
  year         = {2010},
}

Chicago
Van Hoecke, Mark, and Mark Warrington. 2010. “Legal Cultures, Legal Paradigms and Legal Doctrine: Towards a New Model for Comparative Law.” In Legal Theory and the Legal Academy, ed. Maksymilian Del Mar, 3:291–332. Farnham, UK: Ashgate Publishing.
APA
Van Hoecke, Mark, & Warrington, M. (2010). Legal cultures, legal paradigms and legal doctrine: towards a new model for comparative law. In M. Del Mar (Ed.), Legal theory and the legal academy (Vol. 3, pp. 291–332). Farnham, UK: Ashgate Publishing.
Vancouver
1.
Van Hoecke M, Warrington M. Legal cultures, legal paradigms and legal doctrine: towards a new model for comparative law. In: Del Mar M, editor. Legal theory and the legal academy. Farnham, UK: Ashgate Publishing; 2010. p. 291–332.
MLA
Van Hoecke, Mark, and Mark Warrington. “Legal Cultures, Legal Paradigms and Legal Doctrine: Towards a New Model for Comparative Law.” Legal Theory and the Legal Academy. Ed. Maksymilian Del Mar. Vol. 3. Farnham, UK: Ashgate Publishing, 2010. 291–332. Print.