Inconsistencies in the Use of Legal Culture in Comparative Legal Studies

Fekete, Balázs (2018) Inconsistencies in the Use of Legal Culture in Comparative Legal Studies. MAASTRICHT JOURNAL OF EUROPEAN AND COMPARATIVE LAW, 25 (5). pp. 551-564. ISSN 1023-263X

[img] Text
Restricted to Repository staff only until 31 December 2023.

Download (324kB)


This paper is devoted to the discussion and critical analysis of the various uses of the term of legal culture in recent comparative legal studies. It submits that the application of the concept of legal culture has had no consensually shared approach in comparative law but numerous different ways exist. The main approaches of legal culture in comparative studies have been the use of this concept as (i.) background, (ii.) interactions around law, and (iii.) a sum of attitudes towards law. In addition, the use of this term is even more complicated as certain typical inconsistencies may also be identified. Examples show that (i.) the confusion of different understandings of legal culture in the same study, and both (ii.) the under-theorization and (iii.) over-theorization of legal culture can be regarded as such typical inconsistencies. In conclusion, the paper calls attention to a more restricted, self-reflective and critical application of this term as the prerequisite of an efficient scholarly use.

Item Type: Article
Additional Information: A tanulmány korábbi verziója:
Subjects: K Law / jog > K Law (General) / jogtudomány általában
Depositing User: Veronika Tamás
Date Deposited: 31 Jan 2019 08:38
Last Modified: 23 Apr 2019 09:23

Actions (login required)

Edit Item Edit Item