24 April 2018Time: 12:00 - 2:00pm
Venue: Room 313, Third Floor, Law Building, Queen Mary University of London, Mile End Road E1 4NS
Speaker: Associate Professor Keisuke Kondo, Kyoto University, Japan
Chair: Dr Maks Del Mar
Title: Comparative Legal Philosophy? - A Proposal for a New Methodology for the Research of Legal Philosophy
About this event
The project aims at introducing the comparative methodology in the research of legal philosophy.
Legal philosophy is usually deemed an attempt to explain the nature of law, and thus universal. However, legal philosophy is at the same time contextual to some extent, since every philosophical inquiry into law is to be conducted within a particular context, both legal and philosophical. This contextual aspect of legal philosophy will necessitate the comparative method.
The comparative method is important all the more since it usually occurs that, in the course of advancement of legal philosophy, a new theory is elaborated based on misinterpretations or distortions of its preceding ones, especially when these theories come from different contexts. A comparison will help us to realise the cause of this process, and possibly to instigate the further development as well.
The comparative analysis is indeed useful for examining the controversies occurred within the Western countries. However, this method will play a more significant role when applied to the consideration of the development of legal philosophy in non-Western countries. This project will thus proceed to utilise this method to the examination of distinctive features in the Japanese legal philosophy.
Comments, criticisms and suggestions from participants are highly welcome since the project is still at a very rudimentary stage.
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