Comparative Law in a Time of Nativism

Pressures of globalization have strained population movements, restructured markets have led to widening economic divides, and terrorism has redefined national borders and identity. What we have seen in response is a rise in nationalism, nativism and in the extreme cases, isolationism. This inward turn seems to be true at least in the U.S. and in China. This turning inward presents a challenge to those of us who work in and champion the cause of comparative law, since comparative studies by its nature urges us to turn our gaze outward.

This article examines what the turn to nativism means for the field of comparative law and methodology, and how we as comparativists can combat this trend.