legal culture as a tool for legal analysis mation, and (vi) ideology as separate elements.24 John Bell inJudiciaries of Europe (2006) applies a personal, institutional, and external perspective to the judiciary in France, Germany, Spain, Sweden, and England, investigating (i) organizational settings and judicial careers, (ii) history and values, (iii) the judicial role, (iv) professional judges and the legal community, (v) lay judges, and (vi) professional judges. Yet another approach is used by Cees van Damm in ‘Who is afraid of Diversity’ (2009), where he explores (i) individualism versus collectivism, (ii) masculinity versus femininity, (iii) uncertainty avoidance, (iv) power distance, and (v) long-term versus short-term orientation.25 It could be added that in their classic An Introduction to Comparative Law, first published in German in 1984 and in English in 1992, Konrad Zweigert and Hein Kötz consider (i) the historical background, (ii) modes of thought, (iii) institutions, (iv) legal sources, and (v) ideology as a group of elements that play a key role in the style of a legal family (and not legal culture).26 There is no right andwrong in how legal culture is split up, only a question of what serves the purpose. Wieacker’s is a legal historical survey, Van Hoecke and Warrington are writing on comparative law more theoretically, Van Damm is explaining differences in European tort law, Bell compares different judiciaries in Europe, while Zweigert and Kötz have a practical approach to comparative law. Having used legal culture as an analytical tool in teaching and research, I have chosen a different approach, dividing legal culture between its institutional and its intellectual structures. In the institutional structure are two constitutive legal cultural elements to be investigated: (i) conflict resolution and (ii) norm production. In the intellectual structure are the remaining cultural elements: (iii) ideals of justice, (iv) legal method, (v) professionalization, 24 Mark van Hoecke &Mark Warrington, ‘Legal Culture, Legal Paradigms and Legal Doctrine: Towards a New Model for Comparative Law’, International Comparative Law Quarterly 47 (1999), 495. 25 Cees van Damm, ‘Who is afraid of diversity: Cultural diversity, European co-operation, and European tort law’, King’s Law Journal 20 (2009), 281–308. 26 Konrad Zweigert &Hein Kötz, An Introduction to Comparative Law, tr. Tony Weir (Oxford: Clarendon, 1998), 68. 131
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