Details

Autor(en) / Beteiligte

• Legrand, Pierre

Titel

Budé, Baudouin, Bodin - et les autres

Ist Teil von

• Comparative Law and the Task of Negative Critique, 2023, p.11-63

Auflage

1

Ort / Verlag

Routledge

Erscheinungsjahr

2023

Link zum Volltext

Quelle

Alma/SFX Local Collection

Beschreibungen/Notizen

• This chapter challenges the historical narrative that orthodox comparatists-at-law have long been rehearsing about comparative law's institutional trajectory, a selective story that accords, not coincidentally, with the epistemic model they have been promoting. This chapter shows how a different account is possible, plausible, and warranted. Crucially, this other exposition informs a set of epistemic assumptions diametrically opposed to the orthodoxy's views as they have been governing within the field of comparative law. This chapter challenges the historical narrative that orthodox comparatists-at-law have long been rehearsing about comparative law's institutional trajectory, a selective story that accords, not coincidentally, with the epistemic model they have been promoting. It shows how a different account is possible, plausible, and warranted. The growing awareness of the necessity of enhanced cultural autonomy and the sense that French history had to be re-written from a French perspective is readily ascertainable, for example, in the work of Jean Le Maire de Belges, 'the precursor of Gallic patriotism'. For Le Roy, it was difference that allowed the discovery of the internal logic governing human behaviour. The understanding of a mentalite was only possible following a series of comparisons, and the discourse on a people could only be conceived in the inscription of its difference vis-à-vis another type of social or political organization.