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IX - The Same as the Different

Published online by Cambridge University Press:  02 June 2022

Pierre Legrand
Pierre Legrand
Affiliation:
Pierre Legrand, Sorbonne, Paris, France
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Summary

This fragment’s argument is to challenge one of comparative law’s most influential assumptions to the effect that there are commonalities across laws (which must ultimately favour unification). The result of flawed reasoning, this postulate is unwarranted. Rather, the comparison of laws must address difference across laws for this is all there is.

Keywords

Comparative LawCritiqueLegal TheorySamenessDifference
Type
Chapter
Information
Negative Comparative Law
A Strong Programme for Weak Thought
 , pp. 229 - 269
Publisher: Cambridge University Press
Print publication year: 2022

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