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

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Abstract

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.

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