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In: Tilburg Law Review
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The article asks what is the significance of language for the viability of an endemic mixed legal system. The analysis applies the ecological conceptualisation of endemism and explains how invasive species colonise an endemic mixed system. It is argued that the process of displacing takes place in a manner similar to the process of colonisation of the lifeworld as explained in Habermas’ theory of communicative action. It is also argued that a socio-linguistic infrastructure is needed to ensure the use of minority legal language under the influence of the surrounding bigger legal culture. The argument is tested with four illustrative cases allowing theory building. The cases addressed are Hong Kong, Scotland, Quebec, and Louisiana. The article concludes that language itself is not the cause of legal cultural colonisation. Language, if common to both a smaller and a bigger legal culture, is the medium through which invasive legal species are carried.

In: Global Journal of Comparative Law
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Abstract

The volume under review contains theoretical reflections on comparative law dealing with diverse topics ranging from the basis of the discipline to globalization, Europeanization and transposition of law. According to the author of the book, comparative law is a subject that can be approached solely as an enigma and the book aims to do this with the help of metaphors taken from the theory of music. This volume expresses a complex understanding of comparative law and shakes off the old images of comparative law as being either a purely academic or a hopelessly non-theoretical practical exercise. The Enigma of Comparative Law is different in orientation both to the scholarship of conventional comparative law and to post-modern/critical comparative law which have argued for extreme all-or-nothing positions. The political nature of comparative law venture is openly acknowledged but it is not seen as overwhelming. Esin Örücu's book also argues for legal pluralism and a comprehensive view of law. The book applauds methodological pluralism. Diversity of methods is seen not as being counterproductive but instead as a virtue that will enhance the future prospects of comparative law in internationalized world. The review essay concludes by arguing for an idea according to which there is no one legitimate tradition of comparative law/comparative legal studies but many.

In: Nordic Journal of International Law
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Fairness is an important part of legal proceedings and fair trial. Procedural rules are an integral part of the legal cultural context that gives them meaning. This article discusses procedural cultures from the point view of legal language and legal culture. The multiplicity of law and legal cultures functions as a base for an analysis of criminal procedural law using plea bargaining as an example. The author highlights the differences between common law and civil law and shows that even though there has been convergence there are still significant legal cultural differences. This article reveals how there is a legal cultural variety in the ways in which fairness forms a part of the conception of fair trial as a European human right. The concluding section highlights the theoretical implications of the article as a whole by stressing the importance of sensitivity and the constant need to define the specific meaning.

In: Global Journal of Comparative Law
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Twenty years ago a still ongoing scholarly debate started over the future direction of law in Europe. The lines of battle were drawn between the convergence and non-convergence theories. This paper re-examines and discusses the non-convergence theory and its take on English common law’s legal cultural key elements in the light of the human rights debate. The aim is to highlight human rights tensions within uk public law by applying a culturally oriented comparative law approach. The focus of the analysis is on the Human Rights Act and the way in which it has been adapted to the legal system. It is argued that the legal cultural perspective provides beneficial aspects for understanding the Human Rights Act centred debate without reducing it exclusively to politics. At least partially this debate is catalysed by continental civil law type features that the Human Rights Act transferred into common law.

In: European Journal of Comparative Law and Governance