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Antoine Garapon, French Legal Culture and the Shock of 'Globalization'

Document Cited in Related
Vincent
DOI10.1177/096466399500400410
Published date01 December 1995
Date01 December 1995
Subject MatterArticles
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ABSTRACTS
DAVID NELKEN, Disclosing/Invoking Legal Culture: An Introduction
The introduction to this special issue provides a context tor the other more substantive
contributions by discussing the concept of legal culture and the part it might play in
reviving the comparative sociology of law. It first surveys some of the different uses of the
term in the existing literature, and then examines a variety of problems of theory and
method relevant to attempts to portray legal cultures in a period of increasing
globalization. The merits of interpretative approaches, such as the ones in this special
issue, are stressed but some of the drawbacks are also spelled out. It concludes by
underlining the antimonies which confront efforts not only to grasp other people’s legal
cultures but also our own.
MICHAEL SALTER, A Dialectic Despite Itself? Overcoming the Phenomenology of Legal
Culture
This article sets out the characteristics of a phenomenological approach to legal culture,
and contrasts these point by point with the more positivistic methods that have
traditionally been adopted by much socio-legal research. The strengths and limits of the
phenomenological approach to legal culture are then explored through a process of
immanent critique drawn from an explicitly dialectical account of law. It is shown that the
phenomenological inversion of terms that takes place within a series of traditional
dichotomies, e.g. from objectivism to subjectivism, utterly fails, in practice, to resolve the
basic problems caused by these underlying dualisms themselves. By contrast, the critique
carried out by means of a dialectical approach to legal experience reveals the presence of a
series of contradictions between what is promised by a phenomenological approach, and
what this approach can actually fulfil given the consequences for empirical research of
some
of its more dubious methodological prescriptions.
SERGIO LÓPEZ-AYLLÓN, Notes on Mexican Legal Culture
Based on a broad concept of legal...

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