TY - JOUR
T1 - Experience vs. knowledge in comparative law
T2 - critical notes on Pierre Legrand's ‘sensitive epistemology’
AU - Siliquini-Cinelli, Luca
N1 - Copyright:
© The Author(s) 2021. Published by Cambridge University Press.
PY - 2021/2/4
Y1 - 2021/2/4
N2 - This paper expounds some critical reflections on Pierre Legrand's recent account of James Gordley's and James Whitman's comparative methodologies. Pushing his unconventional writing style to the limits and labelling Gordley's ‘positivist’ and Whitman's ‘cultural’ comparative law, Legrand's piece appears to be taking the first step towards a new, more sensitive phase for the comparative study of law and legal cultures. The paper argues that, contrary to what might be first thought, Legrand's ‘sensitive epistemology’ cannot act as a gateway to cultural otherness. This is because it is wholly in line with the constructivist objectification of life that characterises the study and practice of law both within and outside the comparative-law dimension.
AB - This paper expounds some critical reflections on Pierre Legrand's recent account of James Gordley's and James Whitman's comparative methodologies. Pushing his unconventional writing style to the limits and labelling Gordley's ‘positivist’ and Whitman's ‘cultural’ comparative law, Legrand's piece appears to be taking the first step towards a new, more sensitive phase for the comparative study of law and legal cultures. The paper argues that, contrary to what might be first thought, Legrand's ‘sensitive epistemology’ cannot act as a gateway to cultural otherness. This is because it is wholly in line with the constructivist objectification of life that characterises the study and practice of law both within and outside the comparative-law dimension.
KW - comparative law
KW - experience
KW - knowledge
UR - http://www.scopus.com/inward/record.url?scp=85100538207&partnerID=8YFLogxK
U2 - 10.1017/S1744552320000439
DO - 10.1017/S1744552320000439
M3 - Article
SN - 1744-5523
VL - 16
SP - 443
EP - 458
JO - International Journal of Law in Context
JF - International Journal of Law in Context
IS - 4
ER -