TAKING COMPARATIVE LAW LIGHTLY. ON SOME USES OF COMPARATIVE LAW IN THE THIRD GLOBALIZATION

Giovanni Marini

Abstract


In Duncan Kennedy’s picture, the third globalization is drawn as an “unsynthesized coexistence” of transformed elements of CLT with transformed elements of the social”1.
The contemporary ideal is a legal regime that is pluralist in the sense of appropriately recognizing and managing “the difference”. An ethical commitment has been written into adjudication and judges can intervene if they are able to perform correctly that goal.

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Department of Law - University of Perugia
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Comparative Law Review is registered at the Courthouse of Monza (Italy) - Nr. 1988 - May, 10th 2010.
Editors - Prof. Giovanni Marini, Prof. Pier Giuseppe Monateri, Prof. Tommaso Edoardo Frosini, Prof. Salvatore Sica, Prof. Alessandro Somma, Prof. Giuseppe Franco Ferrari, Prof. Massimiliano Granieri.

Direttore responsabile:Alessandro Somma