SUMMARY
Comparative legal studies, that is the theorizing about legal comparisons or the actual practice of contrasting two or more legal cultures, can be a rich source of epistemological insights for law in general. In particular, it has been shown to act as a tool of critical thinking. However, for students to actually grasp the critical potential of comparative law, more than just theoretical knowledge needs to be transmitted. It is crucial, this article will argue, to nurture a specific philosophical attitude, to be drawn along the lines of pragmatism, towards law and knowledge in general, with teaching playing an important role in bringing about this attitude. While the teaching of comparative law was discussed in sufficient detail in the past, it currently attracts less attention from academics in a context in which interest in the theory and practice of comparative law does not cease to grow. This investigation will discuss a series of pedagogical practices, meant to facilitate the educational mission of comparative legal instructors. These will range from the choice of subjects to be examined and materials to be read to the type of tasks to be assigned to students in their confrontation with legal alterity …
Alexandra Mercescu, Teaching Comparative Law, Pragmatically (Not Practically), Law and Method October 2020. DOI: 10.5553/REM/.000049.
First posted 2020-10-20 14:24:30
Leave a Reply