Abstract:
In July, 2009, the German Law Journal marked its first decade with a conference hosted by the Bundesministerium der Justiz (Federal Ministry of Justice) in Berlin. The resulting discussion of the conference underscored two points: there was easy consensus that we are living in a transnational era, and that there was little agreement on how to define, or, indeed, imagine transnational law and the transnationalization of legal cultures. The majority of the participants at the conference, the scholars and commentators who have contributed to the German Law Journal during its first decade have inclined toward the engagement approach to transnational law. They also have performed or lived the engagement – implicitly – in ways that the German Law Journal uniquely make possible with its monthly, online, English-language publication of scholarship and commentary on developments in “German, European, and International jurisprudence.” The German Law Journal is an example of transnational law in action. The German jurists who regularly write about German law in English for the Journal are inherently involved in a transnational law encounter even if they do not consciously acknowledge the phenomenon. Additionally, the Journal’s broad mandate fosters engagement between legal systems in a way that is fundamental to transnational law and the transnationalization of legal cultures ...
Miller, Russell and Zumbansen, Peer, Comparative Law as Transnational Law: A Decade of the German Law Journal (2011). COMPARATIVE LAW AS TRANSNATIONAL LAW: A DECADE OF THE GERMAN LAW JOURNAL, R. Miller & P. Zumbansen, eds., Oxford University Press, 2011; Washington & Lee Legal Studies Paper No. 2011-25.
Purpose
Saturday, May 19, 2012
Sunday, April 22, 2012
'Incorporating a Comparative Perspective into Undergraduate American Constitutional Law Courses'
Abstract:
This paper notes a rise in the inclusion of comparative law in American law school curricula and suggests that political science instructors can benefit from incorporating a comparative perspective into the constitutional law courses that are offered to undergraduates. Based on the author’s recent experience teaching undergraduate constitutional law, an approach for doing so is outlined along with its objectives and potential benefits. The paper hopes to add to work by previous APSA Teaching and Learning Conference participants who have identified effective and engaging methods for teaching constitutional law.
Narasimhan, Angela G., Incorporating a Comparative Perspective into Undergraduate American Constitutional Law Courses (2012). APSA 2012 Teaching & Learning Conference Paper.
This paper notes a rise in the inclusion of comparative law in American law school curricula and suggests that political science instructors can benefit from incorporating a comparative perspective into the constitutional law courses that are offered to undergraduates. Based on the author’s recent experience teaching undergraduate constitutional law, an approach for doing so is outlined along with its objectives and potential benefits. The paper hopes to add to work by previous APSA Teaching and Learning Conference participants who have identified effective and engaging methods for teaching constitutional law.
Narasimhan, Angela G., Incorporating a Comparative Perspective into Undergraduate American Constitutional Law Courses (2012). APSA 2012 Teaching & Learning Conference Paper.
'Transnational Comparisons: Theory and Practice of Comparative Law as a Critique of Global Governance'
Abstract:
A project seeking to assert and contrast the ‘practice’ of comparative law in distinction from the well-known and longstanding theoretical critique of the field is itself in need to define the meaning of practice. The following chapter, written for a volume edited by Jacco Bomhoff and Maurice Adams, takes up this challenge in two steps. In a first one, it revisits comparative law’s seemingly eternal self-doubt regarding its target of inquiry and its method. I will suggest that there is a great promise for comparative legal studies in the context of transnational legal pluralism as a methodological approach to the study of intersecting normative and institutional orders. In a second step, I would like to draw out the context in which current debates about comparative and transnational law are unfolding. This context - ‘global governance’- poses significant challenges for the role of law in what has fast become a multi-disciplinary inquiry regarding the contours and foundations of a continuously evolving global regulatory landscape. A reflection on the regulatory aims of comparative law as transnational law, which I have been pursuing together with Russell Miller in ‘Comparative Law as Transnational Law: A Decade of the German Law Journal’ (Oxford University Press, 2012), can serve as a powerful critique of global governance.
Zumbansen, Peer, Transnational Comparisons: Theory and Practice of Comparative Law as a Critique of Global Governance (February 7, 2012). Osgoode CLPE Research Paper No. 1/2012.
A project seeking to assert and contrast the ‘practice’ of comparative law in distinction from the well-known and longstanding theoretical critique of the field is itself in need to define the meaning of practice. The following chapter, written for a volume edited by Jacco Bomhoff and Maurice Adams, takes up this challenge in two steps. In a first one, it revisits comparative law’s seemingly eternal self-doubt regarding its target of inquiry and its method. I will suggest that there is a great promise for comparative legal studies in the context of transnational legal pluralism as a methodological approach to the study of intersecting normative and institutional orders. In a second step, I would like to draw out the context in which current debates about comparative and transnational law are unfolding. This context - ‘global governance’- poses significant challenges for the role of law in what has fast become a multi-disciplinary inquiry regarding the contours and foundations of a continuously evolving global regulatory landscape. A reflection on the regulatory aims of comparative law as transnational law, which I have been pursuing together with Russell Miller in ‘Comparative Law as Transnational Law: A Decade of the German Law Journal’ (Oxford University Press, 2012), can serve as a powerful critique of global governance.
Zumbansen, Peer, Transnational Comparisons: Theory and Practice of Comparative Law as a Critique of Global Governance (February 7, 2012). Osgoode CLPE Research Paper No. 1/2012.
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