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This article is written in French.

Abstract

This short essay updates an earlier publication on U.S. law teaching methodology as a reflection of the common law system that was published in 13 Cahier de Méthodologie Juridique. The older piece will be republished along with this update in 20 Cahier de Méthodologie Juridique. The central theme of the present piece is to raise the issue of U.S. legal education’s reflection of common law assumptions in light of today’s internationalization of law. More specifically, there is a growing consensus to confirm the theory of Niklas Luhmann that law is transnationalizing along substantive, functionalist lines. The work of contemporary scholars in Europe, such as (among others) Günther Teubner, and Mireille Delmas-Marty, and in the United States of Maryanne Slaughter, attests to a widespread agreement on the nature of law’s metamorphosis. Much important work is being done to analyze the new configurations that have fragmented law and that are displacing the nation state as the primary organ of legal change and regulation. This essay raises the issue of the less examined matter of internal impediments to communication and understanding within functionalist sectors. At this still early stage of globalization, encounter does not yet suffice for effective mutual understanding because legal actors linked by common professional objectives and undertakings nevertheless retain substantial differences in underlying legal conceptions which impede mutual understanding the more because they are latent.

Disciplines

Comparative and Foreign Law | International Law | Law | Law and Society

Date of this Version

December 2005

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