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Comparative Law in a Time of Globalization: Some Reflections
Duquesne Law Journal
  • Thomas C. Kohler, Boston College Law School
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This piece discusses the tension between internationalization of legal ordering and the growing pressure against local and national ordering. Using Aristotle, Tocqueville, the Reception of Roman Law as forebears of the problem, I discuss three major European Court of Justice decisions (Laval, Viking and Schmidberger) as examples of the displacement of local ordering. I conclude that the task of comparative law is to focus on the importance of local ordering, keeping the human at the center and not vague principles generated by international bodies with no or little local ties.
Citation Information
Thomas C. Kohler. "Comparative Law in a Time of Globalization: Some Reflections" Duquesne Law Journal Vol. 52 Iss. 1 (2014) p. 101 - 114
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