Resumo

JACOB, Robert. Is Common Law the Best Legal System in the Best Possible Globalized World? Free Reflections on Legal Theory Developments and the Challenges it Currently Faces. Isonomía [online]. 2016, n.44, pp.11-37. ISSN 1405-0218.

Departing from a historical viewpoint, the article provides elements intending to clarify the problems associated to globalization and the confrontation between different legal cultures. Thus, on the one hand, there is an inquiry about the ways of doing legal theory in the Anglo world and in continental Europe, casting doubts on their pretense of universality. On the other hand, the article analyzes and discusses the status and pertinence of several legal theories, such as the legal origins theory, which affirm the superiority of the common law over the rest of legal cultures. The need to adopt a sociological perspective for the understanding of legal phenomena is further underlined.

Palavras-chave : globalization; legal history; legal theory; legal culture; comparative law; civil law; common law; legal origins theory.