Legal Barbarians: Identity, Modern Comparative Law and the Global South

Comparative Law

Legal Barbarians: Identity, Modern Comparative Law and the Global South

By Daniel Bonilla Maldonado
Cambridge University Press September 2021

Specifications

ISBN-13
9781108833622
Publisher
Cambridge University Press
Publication
September 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

In this novel and unorthodox historical analysis of modern comparative law, Daniel Bonilla Maldonado explores the connections between modern comparative law and the identity of the modern legal subject. Narratives created by modern comparative law shed light on the role played by law in the construction of modern individual and collective identities. This study first examines the relationship between identity, law, and narrative. Second, it explores the moments of emergence and transformation of this area of law: instrumental comparative studies, comparative legislative studies, and comparative law as an autonomous discipline. Finally, it analyzes the theoretical perspectives that question the narrative created by modern comparative law: Third World Approaches to International Law, postcolonial studies of law, and critical comparative law. For lawyers and legal scholars, this study brings a nuanced understanding of the connections between the theory of modern comparative law and contemporary practical legal and political issues.

Table of Contents

1. Introduction
2. The legal identity of the global south narrative and comparative law
3. Comparative instrumental studies Montesquieu, geography and law
4. Comparative legislative studies H. S. Maine, history, progress, and the comparative method
5. Comparative law as an autonomous discipline legal taxonomies and families
6. The critical academic of law: resistance and emancipation
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