Autobiography of Harry E. LeGrand

LeGrand, Harry E.

doi:10.1111/j.1745-6584.2009.00553.x

Cited by 2 publications

(2 citation statements)

References 17 publications

(16 reference statements)

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“…Of course, everybody would probably subscribe to the appealing title of the reader edited by Legrand 'Comparer les droits, résolument'. 36 Yet, on second thought, this addendum to his provocative dictum 'que la comparaison sera CULTURELLE ou ne sera pas' 37 does not offer much additional guidance. Does it call for a deeper scrutiny, for more zeal or more dedication to the cause?…”

Section: On the Relevance Of The 'Culture-factor' In Comparisonmentioning

confidence: 97%

Should We Compare Laws or Cultures?

Jung

2017

BJCLCJ

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Law and culture are inextricably linked. Hence, a meaningful comparison of laws will have to take into account the cultural background and the context. The relevance of the ‘culture-factor’ in comparison depends on the nature and the scope of the project. This culture-oriented approach sensitizes for the relativity of legal systems which, in turn, calls for a prudent assessment of the common ground. It should also foster (more) interdisciplinary cooperation.

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Section: On the Relevance Of The 'Culture-factor' In Comparisonmentioning

confidence: 97%

Should We Compare Laws or Cultures?

Jung

2017

BJCLCJ

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“…56 This thesis is disputed vigorously by Legrand, who dismisses the very idea of transplants. 57 Legrand understands rules to be "incorporative cultural forms" 58 that have a determinate content only within the meaning established by the languages and cultures that they inhabit. 59 Thus, any attempt to transfer a legal rule is futile; all that is being transplanted is a "meaningless form of words."…”

Section: Transposition and Legal Transplantsmentioning

confidence: 99%

Comparative International Law at the ICTY: The General Principles Experiment

Jain

2015

Am. j. int. law

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For a significant period of time, the comparativist and the international lawyer were considered to inhabit different worlds: the former scrutinized similarities and differences between domestic legal systems while the latter focused on the universal realm of international law that overlays these systems. This comfortably segregated image has been conclusively shattered by numerous studies demonstrating the multiple areas of interaction between international and comparative law. of these, one of the ripest areas for further reflection is the “general principles of law” as a source of international law. Puzzlingly, given the traditional domestic law origins of the general principles of law, comparative law and methodology have rarely featured in the scholarship and jurisprudence on the general principles. Thus, the attempt of the International Criminal Tribunal for the Former Yugoslavia (Icty) to use the general principles as a freestanding source of international criminal law provides a particularly intriguing opportunity to study the interaction between international and comparative law.

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Autobiography of Harry E. LeGrand

Cited by 2 publications

References 17 publications

Should We Compare Laws or Cultures?

Should We Compare Laws or Cultures?

Comparative International Law at the ICTY: The General Principles Experiment

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