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Reflections on the path dependency of legal systems and contextuality
Örebro University, School of Law, Psychology and Social Work.ORCID iD: 0000-0003-3141-4954
2016 (English)Conference paper, Oral presentation with published abstract (Other academic)
Abstract [en]

Ugo Mattei, when reflecting on transfer of legal knowledge from one system to another in his well-known article proposing a new, dynamic classification of legal systems, argues that law is remarkably path dependent and comparative research helps identifying the differences in the path of legal systems that make dependency occur. The very use of the concept ‘path dependency’ by Mattei reveals an interdisciplinary approach to law. Most lawyers do not know and employ this term which belongs to other social sciences, mainly economics. On the other hand, one of the fundamental maxims of comparative law is that comparison involves history. In order to understand a legal rule or institutions we have to go back to its roots. But it is a retrospective exercise. The theory of path dependency aims at predicting the future. But how does the historical perspective, including the theory of path dependency, fit within a contextual analysis? My presentation aims at reflecting on the concept of path dependency and the appeal it has or may have for comparatists.

Place, publisher, year, edition, pages
2016.
National Category
Law and Society
Identifiers
URN: urn:nbn:se:oru:diva-90545OAI: oai:DiVA.org:oru-90545DiVA, id: diva2:1538405
Conference
Workshop "Objectives, Methods and Perspectives of a Contextual Analysis in Comparative Law", Institute for Legal Studies, Centre for Social Sciences, Hungarian Academy of Social Sciences (MTA TK JTI), Budapest, May 19, 2016
Available from: 2021-03-19 Created: 2021-03-19 Last updated: 2021-03-22Bibliographically approved

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Kelemen [Capannini-Kelemen], Katalin

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