23 April 2014
The Centre for Criminal Justice
of the University of Limerick
invites you to a seminar on:
Legal comparison and the (im)possibility of legal translation
Dr Jen Hendry (University of Leeds School of Law)
Wednesday, 23 April 2014
3:30 pm, Board Room, Plassey House
Described as both the 'mantra and the bête noire of contemporary comparative law' (Michaels, 2006), the functional approach to comparative law has increasingly become a 'marmite' approach within comparative legal research. This (once mainstream) positivistic approach to identifying similar legal features and operations across legal orders has been challenged by many comparatists who question both the desirability and possibility of such 'translation-based’ undertakings, and who prefer a 'contextual' or law-in-context approach, characterised by a focus on context, culture and episteme. This presentation argues that translation is a key issue in this methodological debate, not only in terms of the focus and content of comparative law but also the way in which it informs and frames the debate at second-order level.
Dr Jen Hendry is a lecturer in Jurisprudence at the University of Leeds School of Law and the Deputy Director of the Centre for European Law and Legal Studies.
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