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Comparative legal cultural analyses of international economic law: a new methodological approach

Journal Article


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Abstract


  • The effective development and operation of the law faces many obstacles. Among the more

    intractable yet hidden barriers to the law are legal cultural disconnects and discontinuities.

    These occur when opposing legal cultural characteristics from different legal cultures

    are forced to interact as part of the implementation of the law across two different

    legal cultures. This conflictual interaction can impede or block the success of that law.

    While present in domestic legal systems, these conflicts are more likely, and may be

    deeper, between the many different legal cultures involved in the international legal

    order. Identification of such legal cultural disconnects and discontinuities is the first

    step towards developing strategies to ameliorate potential conflicts between opposing

    legal cultural characteristics. This identification requires the examination of the relevant

    legal systems with legal culture in mind-a legal cultural analysis. However, this methodology

    is rarely employed. To the extent that we do see legal cultural analyses, they are

    applied almost exclusively in the domestic arena. When it is applied across legal systems,

    it becomes a part of comparative law methodology. This merger of comparative law and

    legal cultural approaches is unusual, indeed almost unheard of in the international legal

    arena. This article explores this methodology and argues that it is possible and valuable.

Publication Date


  • 2013

Citation


  • C. B. Picker, 'Comparative legal cultural analyses of international economic law: a new methodological approach' (2013) 1 (1) The Chinese Journal of Comparative Law 21-48.

Scopus Eid


  • 2-s2.0-84939785539

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=4131&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3119

Has Global Citation Frequency


Number Of Pages


  • 27

Start Page


  • 21

End Page


  • 48

Volume


  • 1

Issue


  • 1

Place Of Publication


  • United Kingdom

Abstract


  • The effective development and operation of the law faces many obstacles. Among the more

    intractable yet hidden barriers to the law are legal cultural disconnects and discontinuities.

    These occur when opposing legal cultural characteristics from different legal cultures

    are forced to interact as part of the implementation of the law across two different

    legal cultures. This conflictual interaction can impede or block the success of that law.

    While present in domestic legal systems, these conflicts are more likely, and may be

    deeper, between the many different legal cultures involved in the international legal

    order. Identification of such legal cultural disconnects and discontinuities is the first

    step towards developing strategies to ameliorate potential conflicts between opposing

    legal cultural characteristics. This identification requires the examination of the relevant

    legal systems with legal culture in mind-a legal cultural analysis. However, this methodology

    is rarely employed. To the extent that we do see legal cultural analyses, they are

    applied almost exclusively in the domestic arena. When it is applied across legal systems,

    it becomes a part of comparative law methodology. This merger of comparative law and

    legal cultural approaches is unusual, indeed almost unheard of in the international legal

    arena. This article explores this methodology and argues that it is possible and valuable.

Publication Date


  • 2013

Citation


  • C. B. Picker, 'Comparative legal cultural analyses of international economic law: a new methodological approach' (2013) 1 (1) The Chinese Journal of Comparative Law 21-48.

Scopus Eid


  • 2-s2.0-84939785539

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=4131&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3119

Has Global Citation Frequency


Number Of Pages


  • 27

Start Page


  • 21

End Page


  • 48

Volume


  • 1

Issue


  • 1

Place Of Publication


  • United Kingdom