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Open Access. Powered by Scholars. Published by Universities.®

2015

Comparative law

Loyola of Los Angeles International and Comparative Law Review

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The Age Of ‘Depoliticisation’ And ‘Dejuridification’ And Its ‘Logic Of Assembling’: An Essay Against The Instrumentalist Use Of Comparative Law’S Geopolitics, Luca Siliquini-Cinelli Apr 2015

The Age Of ‘Depoliticisation’ And ‘Dejuridification’ And Its ‘Logic Of Assembling’: An Essay Against The Instrumentalist Use Of Comparative Law’S Geopolitics, Luca Siliquini-Cinelli

Loyola of Los Angeles International and Comparative Law Review

While comparative law has become a key discipline, its instrumentalist use has turned out to be a powerful weapon: it is the ‘pen’ by which the identity of and differences in law’s geopolitics are continually written and rewritten. Given its attractive functionalist essence, comparative law is gaining increasing international credit as a way of developing newer theories of sovereignty and governance in a framework in which law is conceived of less as a set of rules and more as a symbolic vestimentum of global soft power. The present contribution critically investigates the relationship between distortive views of comparative law’s geopolitics …