Latin American Legal Studies

Abstract

The primary objective of this work is to offer scholars of Comparative Law Theory a set of initial reflections for another theorizing proposal in comparative law. In this sense, the hypothesis we address is that it is fundamental to construct theoretical contributions that consider the context of their production, enabling the emergence of unprecedented approaches that, in addition to existing ones, can reinvigorate the debate in the field. To prove this hypothesis, this text is divided into four moments. The first of these seeks to highlight the internal and external epistemological obstacles encountered in developing a theory of legal comparison that does not originate from the Global South. The second part of this text aims to engage in dialogue with various existing contributions, which serve as a starting point (and point of divergence) for formulating new theoretical bases. Finally, the last two moments of the text aim to present two contributions to legal comparison theory: the ideas of “legal grafting” and “internal decomparativism”.