The Method and Culture of Comparative Law

The Method and Culture of Comparative Law

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Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, SeAin Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin LAphnig, Susan Millns, Toon Moonen, Francois Ost, Heikki PihlajamAcki, Geoffrey Samuel, Mathias Siems, JAcrn A¬ėyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.V. CONCLUSION In one of the great, albeit fictitious, comparative essays of the nineteenth century, Samuel Butler describes the way in which the Erewhonians had seemingly taken a retrograde step by destroying their machines.56 Moreover , anbsp;...


Title:The Method and Culture of Comparative Law
Author: Maurice Adams, Dirk Heirbaut
Publisher:Bloomsbury Publishing - 2014-12-01
ISBN-13:

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