the Irish for rights

Esin Örücü on the Convergence of Legal Systems

Prof Esin Örücü via the University of Glasgow websiteThe Irish Society of Comparative Law (ISCL) was established in June 2008 to encourage the comparative study of law and legal systems in Ireland. They will host a very exciting event tomorrow evening, 26 November 2009, when Professor Esin Örücü (left) of the School of Law, University of Glasgow will speak on the topic:

A Comparatist’s Analysis of the Convergence of Legal Systems.

The lecture will be held in Room 11 of the School of Law, Trinity College Dublin (map) from 5:00pm to 6:30pm. Admission is free, and all are welcome. Queries about the event or the society may be directed to the Vice President or the Secretary.

Prof Örücü is Emeritus Professor of Comparative Law at both the University of Glasgow and Erasmus University in Rotterdam; she is a Member of the International Academy of Comparative Law; and she has been a towering figure in comparative legal scholarship for the last 30 years or more. Her recent book The Enigma of Comparative Law: Variations on a Theme for the Twenty-First Century (Martinus Nijhoff, 2004) – delivering on its musical sub-title in chapters successively headed Overture, Intermezzo, Cadenza and Finale – is a beautifully composed and powerful meditation on the role and function of comparative law. Reviewing it in (2005) 9 (3) EJCL, Jaakko Husa says that the book

… enriches the intellectual diet of contemporary law scholarship. It is hopefully going to be at the forefront of the debate over comparative law theory for the future. To conclude, it is not insignificant that the book was written in a manner genuinely open not only to an American or European, but to a global readership. For … an American reader interested in comparative law/comparative legal studies Enigma offers an exceptionally interesting point of view because it is not entangled in the American web of hostilities and alliances; on many points it may offer genuinely new perspectives to comparative law. For the European reader, it will be proof of an intellectually interesting life outside the ongoing integration-centred debates.

The same volume of the European Journal of Comparative Law published her valedictory lecture at Erasmus University: “Looking at Convergence through the eyes of a Comparative Law” (2005) 9 (2) EJCL. Building on Enigma, her theme that evening was that, in Europe,

… one of the most important roles that comparative law plays is in the harmonisation and unification of activities, and comparative lawyers are involved in the preparation of the many projects to achieve these ends. Such activity is of ever-increasing significance. Whether the starting point be ‘common core’ studies or ‘better law’ studies, the areas prepared for harmonisation and unification are on the increase.

The place of comparative law in all this is crucial. Firstly, comparative law is a fundamental source for any Europe-wide project, in fact, of European law itself. It is the main tool for working towards European integration. It aids in overcoming exclusive nationalism and shows how the ius commune novum must be based on intercultural communication while leaving room for diversity. … The mere existence of the European Union implies that comparative law has a serious role in the developing of principles. Secondly, the kind of comparative law that facilitates intercultural communication is the one which goes beyond juxtaposing, contrasting and comparing. This strengthens the call for comparative lawyers to be trained in interdisciplinary research problems, to have knowledge of and familiarity with different legal cultures, to have a good command of languages, knowledge of history, economics and politics, and also to receive training in methodology. Thirdly, the work of comparative lawyers in facilitating the achievement of the interrelationship between the overlapping circles to bring about intercultural understanding is vital.

She is certain to return to these themes and variations tomorrow night.

One Response to “Esin Örücü on the Convergence of Legal Systems”

  1. […] underpinnings of this diversity. He looked at metaphors provided by Watson (transplant), Örücü (blogged here) (transmigration), Monateri (contamination), Garziadei (reception) Teubner (irritant), and Twining […]

Leave a Reply



Me in a hatHi there! Thanks for dropping by. I'm Eoin O'Dell, and this is my blog: Cearta.ie - the Irish for rights.

"Cearta" really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.

Academic links


  • RSS Feed
  • RSS Feed
  • Subscribe via Email
  • Twitter
  • LinkedIn

Archives by month

Categories by topic

My recent tweets

Blogroll (or, really, a non-blogroll)

What I'd like for here is a simple widget that takes the list of feeds from my existing RSS reader and displays it here as a blogroll. Nothing fancy. I'd love a recommendation, if you have one.

I had built a blogroll here on my Google Reader RSS subscriptions. Google Reader produced a line of html for each RSS subscription category, each of which I pasted here. So I had a list of my subscriptions as my blogroll, organised by category, which updated whenever I edited Google Reader. Easy peasy. However, with the sad and unnecessary demise of that product, so also went this blogroll. Please take a moment to mourn Google Reader. If there's an RSS reader which provides a line of html for the list of subscriptions, or for each RSS subscription category as Google Reader did, I'd happily use that. So, as I've already begged, I'd love a recommendation, if you have one.

Meanwhile, please bear with me until I find a new RSS+Blogroll solution




Creative Commons License

This blog is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. I am happy for you to reuse and adapt my content, provided that you attribute it to me, and do not use it commercially. Thanks. Eoin

Credit where it’s due

The image in the banner above is a detail from a photograph of the front of Trinity College Dublin night taken by Melanie May.

Others whose technical advice and help have proven invaluable in keeping this show on the road include Dermot Frost, Karlin Lillington, Daithí Mac Síthigh, and Antoin Ó Lachtnáin.

Thanks to Blacknight for hosting.