Comparative Law and Dialogues between Legal Cultures

Given the academic and political relevance that comparative law has assumed in recent decades, alongside the ongoing debates over comparative legal methods, this article aims to critically analyse interculturality as a methodological tool for comparative law, through the lenses of “intercultural dialogues between legal cultures”. The hypothesis to be analysed suggests that interculturality can serve as a tool that drives the revision of classical methods of comparative law. In this regard, it seeks to evidence that the approach of interculturality and intercultural dialogues between legal cultures can be conceived as a remarkable instrument for: 1) mutual understanding between different legal cultures and legal systems; 2) the suitability of the circulation and movements of legal sources; and, 3) to foster dialogues that can effectively enrich two or more legal systems and legal cultures. The article is methodologically inscribed in the field of legal theory, precisely on the theory of comparative law, in a fruitful and critical dialogue with cultural studies. It adopts a hypothetical-deductive methodological perspective combined with an analytical-critical approach, aiming to explore the intersections between law and culture in a nuanced and interdisciplinary manner. The research is conducted through a bibliographical and analytical approach, and is divided into three topics: I – Globalisation and comparative law methods; II – The circular movement of law; III – Intercultural dialogues between legal cultures.

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Publication Details

Journal
Bratislava Law Review
Published
2024-12-31
DOI
https://doi.org/10.46282/blr.2024.8.2.715
Primary Topic
Comparative and International Law Studies
Type
article
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article

Comparative Law and Dialogues between Legal Cultures

Thiago Rafael Burckhart
Bratislava Law Review
Comparative and International Law Studies
article

Comparative Law and Dialogues between Legal Cultures

Thiago Rafael Burckhart
article en

Abstract

Given the academic and political relevance that comparative law has assumed in recent decades, alongside the ongoing debates over comparative legal methods, this article aims to critically analyse interculturality as a methodological tool for comparative law, through the lenses of “intercultural dialogues between legal cultures”. The hypothesis to be analysed suggests that interculturality can serve as a tool that drives the revision of classical methods of comparative law. In this regard, it seeks to evidence that the approach of interculturality and intercultural dialogues between legal cultures can be conceived as a remarkable instrument for: 1) mutual understanding between different legal cultures and legal systems; 2) the suitability of the circulation and movements of legal sources; and, 3) to foster dialogues that can effectively enrich two or more legal systems and legal cultures. The article is methodologically inscribed in the field of legal theory, precisely on the theory of comparative law, in a fruitful and critical dialogue with cultural studies. It adopts a hypothetical-deductive methodological perspective combined with an analytical-critical approach, aiming to explore the intersections between law and culture in a nuanced and interdisciplinary manner. The research is conducted through a bibliographical and analytical approach, and is divided into three topics: I – Globalisation and comparative law methods; II – The circular movement of law; III – Intercultural dialogues between legal cultures.

Bratislava Law ReviewVol. 8(2)
Unitelma Sapienza University (IT)
Peace, Justice and strong institutions
Openalex Percentile: Top 54%
Comparative and International Law Studies
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Comparative Law and Dialogues between Legal Cultures — Thiago Rafael Burckhart · Bratislava Law Review (2024) | TGRS Research Map | TGRS