Article by H. Patrick Glenn
The contemporary voices of jurists and judges of different legal traditions, within mixed jurisdictions, is an indication of ongoing mixité. The existence of dialogue is an indication of meaningful comparison and commensurability. The content of the dialogue is most fruitfully directed towards the merits of particular legal propositions. Arguments which reify concepts of legal culture, or legal systems, or legal civilizations, and urge their necessary preservation, are philosophically untenable, self-defeating, and incompatible with the underlying character of human organization. The effect of ongoing dialogue is to open the range of available legal sources.
About the Author
H. Patrick Glenn. Peter M. Laing Professor of Law, Faculty of Law & Institute of Comparative Law, McGill University, and Visiting Fellow, All Souls College, Oxford University.
Citation
78 Tul. L. Rev. 79 (2003)