How are financial globalisation and human rights influencing legal traditions? Can legal traditions coexist in the world? These are some of the questions addressed by Stathis Banakas, Reader in Law and Director of the LLB with American Law Programme at the University of East Anglia, at the most recent Legal Research Seminar, hosted by ESADE Law School. In a lecture entitled “Current Legal Traditions of the World: A New Perspective", Banakas analysed the theories published by the expert and honorary PhD Patrick Glenn in the book “Legal Traditions of the World", which received the Grand Prize of the International Academy of Comparative Law.
“In 2008, taxpayers in England paid around a trillion pounds to save the banks," said Banakas. As a consequence of financial globalisation, legal traditions that coexist within a single country are being forced to mutate and adapt, he explained. Financial globalisation poses a risk, he said, because “it is a major force that could undermine the diversity of legal traditions in the world". According to Banakas, “Patrick Glenn’s beautiful romantic vision of legal traditions coexisting is starting to have a serious problem" eight years after its publication “due to the changes derived from financial globalisation".
Human rights are another force that could, in the future, contribute to undermining the diversity of legal traditions. In another example, Banakas explained that “the European Court of Human Rights believes that certain parts of sharia violate human rights" and that, therefore, sharia is incompatible with human values. There are cases, however, in which the answer is not black or white: "Recently an 18-year-old girl was hanged for having had a relation with a married man. Prior to being hanged, the girl had written a letter to thank the judge that she was going to be hanged, because she was in peace with the tradition. Who is to blame for this? What is the right thing to do in a case like this?" From the Western viewpoint, “an event like this would be classified as bigotry", while in a different legal tradition it would be accepted as part of justice.
In the Legal Research Seminars series, organised by ESADE Law School, widely recognised lecturers and lawyers address current affairs of legal interest with the aim of disseminating scientific knowledge, promoting participatory debate and fostering the exchange of ideas. The next Legal Research Seminar, to be held on 16th February, will feature Dr. Michele Taruffo, a leading figure in the field of procedural law. For more information: sara.pons@esade.edu
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