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Private International Law and Global Governance$
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Horatia Muir Watt and Diego P. Fernández Arroyo

Print publication date: 2014

Print ISBN-13: 9780198727620

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198727620.001.0001

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Comparative Law as Resistance

Comparative Law as Resistance

Chapter:
1 Comparative Law as Resistance
Source:
Private International Law and Global Governance
Author(s):

Geoffrey Samuel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727620.003.0002

The question that this chapter raises is this: can comparative law be a means of offering resistance both to established ideas in law and legal thinking and to a range of other assertions made by judges and jurists? It argues that comparative law as resistance not only has the capability of meeting this challenge but is arguably already doing so in an effective way. Such intellectual resistance operates to challenge some fundamental structures of Western legal thought and the embedded distinctions that such a structure appears to assert as a matter of epistemological vérité. The resistance contemplated here is not so much to a ‘Western’ notion of law but to an epistemological model that continually asserts itself with the mention of law.

Keywords:   method, methodology, paradigm, resistance, schemes of intelligibility

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