This paper examines how globalisation impacts on legal scholarship. To this end, it draws a connection between two types of impoverished habitats, i.e. legal variety and fragile environments. In so doing, it reappraises the role of comparative legal scholarship within the global-law conversation in a time of climate change. It proposes a scholarly paradigm whereby comparative law might contribute to the legal examination of the ecological concerns shared by the whole of humanity. It challenges the legal universalistic approach, through which mainstream comparative law turns out to be servient to the purposes of global law in climate-change-related issues. This means being subversive and running counter to the idea of normalisation of ecological and climate concerns in global legal studies. Being subversive also entails reframing our methodological attitude in a time of climate change, revitalising its empirical, and problembased, approach to transnational concerns, and developing an even more crossdisciplinary attire.

Methodological Rebellions: How to Do Global Comparative Law in a Time of Climate Change

Nicolini M
2021

Abstract

This paper examines how globalisation impacts on legal scholarship. To this end, it draws a connection between two types of impoverished habitats, i.e. legal variety and fragile environments. In so doing, it reappraises the role of comparative legal scholarship within the global-law conversation in a time of climate change. It proposes a scholarly paradigm whereby comparative law might contribute to the legal examination of the ecological concerns shared by the whole of humanity. It challenges the legal universalistic approach, through which mainstream comparative law turns out to be servient to the purposes of global law in climate-change-related issues. This means being subversive and running counter to the idea of normalisation of ecological and climate concerns in global legal studies. Being subversive also entails reframing our methodological attitude in a time of climate change, revitalising its empirical, and problembased, approach to transnational concerns, and developing an even more crossdisciplinary attire.
Climate Change
Global Comparative Law
Universalism
Commodifying State of Mind
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11562/1049980
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