My talk at Harvard

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Authors: Pierre Legrand
Cited by: 0

Abstract

This essay challenges four basic and intertwining assumptions informing orthodox comparative law: that a comparatist can exactly represent foreign law; that he can write about foreign law objectively; that he can state the truth regarding foreign law; and that he enjoys the subjective agency to overcome the obstacles on the way to the achievement of these goals. Comparatists-at-law being oblivious to their structural cognitive weakness, which makes the pursuit of these realizations irredeemably preposterous, a strong contrarian agenda – a negative programme – is necessary so as to bring comparative law to its epistemological senses and, in the process, to heighten the scholarly integrity and reliability of comparative interventions. This essay succinctly formulates such an oppositional stance.

Fields of Study & Subjects

Comparative and International Law Studies Comparative constitutional jurisprudence studies Legal Studies and Policies

Publication details

Journal / source
Routledge eBooks
Pages
148–218
Publication date
10 February 2026
Language
EN
Document type
Book chapter