Engaging Foreign Law: Not So Liberally

• Autor(a) principal: Legrand, Pierre
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: A&C - Revista de Direito Administrativo & Constitucional
• Texto Completo: https://revistaaec.com/index.php/revistaaec/article/view/1121
• topic: globalization; liberalism; “rule of law”; culture; comparative law

Taking its cue from a remarkable institutional initiative owing to the Georgetown University Law Center, this essay contests some of the key assumptions that have informed liberalism’s cosmopolitan turn. In particular, the argument addresses the way in which liberal legal thought has handled a doctrine widely known as “the rule of law”. The text challenges the universalizing drive having informed the dissemination of “the rule of law” and the attendant marginalization of culture in the form of the decredibilization of local knowledge. The paper suggests that “comparative law” can offer a valuable opportunity for the liberal self to revisit its uniformizing ideological commitments  — although not “comparative law” of the mainstream brand.