Alternate Title
"Bricolage" as Comparative Research Method for Critical Legislative Innovation
Keywords
Comparative Law, Comparative Legal Methodology, Comparative Law Theory, Legal Methodology, Legislative Reform, Law Reform, Alternative Dispute Resolution, ADR, Critical Methodology, Legal Theory, Jurisprudence, Bricolage
Abstract
Comparative law incentivize imagination to create new solutions to social problems intrinsically linked to different parts of the world. It consists in the analysis of multiple legal solutions revealed by research. Meanwhile, the understanding of the documentation put forward is influenced by the social, cultural, linguistic, political, and economic context where it evolved in the first place. Consequently, the interpretation of those elements leads to varying results. In response to this reality, we offer a modest comparative methodology rooted in creativity inspired by the concept of “bricolage” for the purpose of legislative innovations. In light of some descriptive examples pertaining to the imposition of mandatory mediation, we examine the gaps related to the use of comparative law while recognizing its fruitful potential.
Recommended Citation
Marie-Claire Belleau, "Bricolage" as Comparative Research Method for Critical Legislative Innovation, 18 FIU L. Rev. 703 (2024), https://doi.org/10.25148/lawrev.18.4.6.
Included in
Comparative and Foreign Law Commons, Dispute Resolution and Arbitration Commons, Jurisprudence Commons
