COMPARATIVE LAW AND DIALOGUES BETWEEN LEGAL CULTURES: INTERCULTURALITY AS A THEORETICAL AND PRACTICAL METHODOLOGICAL TOOL

Abstract

Given the academic and political relevance that comparative law has assumed in recent decades, alongside the ongoing debates over comparative legal methods, this article aims to critically analyse interculturality as a methodological tool for comparative law, through the lenses of “intercultural dialogues between legal cultures”. The hypothesis to be analysed suggests that interculturality can serve as a tool that drives the revision of classical methods of comparative law. In this regard, it seeks to evidence that the approach of interculturality and intercultural dialogues between legal cultures can be conceived as a remarkable instrument for: 1) mutual understanding between different legal cultures and legal systems; 2) the suitability of the circulation and movements of legal sources; and, 3) to foster dialogues that can effectively enrich two or more legal systems and legal cultures. The article is methodologically inscribed in the field of legal theory, precisely on the theory of comparative law, in a fruitful and critical dialogue with cultural studies. It adopts a hypothetical-deductive methodological perspective combined with an analytical-critical approach, aiming to explore the intersections between law and culture in a nuanced and interdisciplinary manner. The research is conducted through a bibliographical and analytical approach, and is divided into three topics: I – Globalisation and comparative law methods; II – The circular movement of law; III – Intercultural dialogues between legal cultures.