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Comparative Law, Anti-essentialism and Intersectionality: Reflections from Southeast Asia in Search of an Elusive Balance

Comparative Law, Anti-essentialism and Intersectionality: Reflections from Southeast Asia in... Abstract This paper explores the paradox of diversity and similarity within legal “traditions”. More particularly, in looking especially at comparative law scholarship on Southeast Asia, it asks if there are any lessons that comparative law theory can learn about how to account for commonality and difference in large and diverse contexts from the perspectives of intersectionality and anti-essentialism that have been developed in feminist scholarship. The paper concludes that feminist scholarship does not resolve the paradox that comparative legal study makes evident but that it does make us better realise the importance of open-textured “narratives of affinity” and “contingent classification” in legal contexts. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian Journal of Comparative Law de Gruyter

Comparative Law, Anti-essentialism and Intersectionality: Reflections from Southeast Asia in Search of an Elusive Balance

Jamal, Arif A.
Asian Journal of Comparative Law , Volume 9 (1) – Jan 1, 2014
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Publisher
de Gruyter
Copyright
Copyright © 2014 by the
ISSN
2194-6078
eISSN
1932-0205
DOI
10.1515/asjcl-2013-0063
Publisher site
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Abstract

Abstract This paper explores the paradox of diversity and similarity within legal “traditions”. More particularly, in looking especially at comparative law scholarship on Southeast Asia, it asks if there are any lessons that comparative law theory can learn about how to account for commonality and difference in large and diverse contexts from the perspectives of intersectionality and anti-essentialism that have been developed in feminist scholarship. The paper concludes that feminist scholarship does not resolve the paradox that comparative legal study makes evident but that it does make us better realise the importance of open-textured “narratives of affinity” and “contingent classification” in legal contexts.

Journal

Asian Journal of Comparative Law – de Gruyter

Published: Jan 1, 2014

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