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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Legal Cultures

Tanja Herklotz

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
March 2023

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 29 November 2023

Subject(s):
Constitutional interpretation — Borrowing and migration — Cultures and people — Law enforcement — Foreign law — Public morals

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 Scholars in comparative law do not usually confine their comparisons to legal norms but also consider the respective historical, political, socio-economic, and cultural contexts in which these norms emerge, take shape, and apply. Considering (and comparing) legal cultures is one way to take this context into account. But what exactly does legal culture mean, and how can comparatists use it? This entry attempts to clarify this somewhat fuzzy concept and elaborates which scholarly purposes it may serve. I begin by briefly pointing to the genesis of scholarship on...
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