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Epistemology and Methodology of Comparative Law

Editor(s): Mark Van Hoecke
Media of Epistemology and Methodology of Comparative Law
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Published: 01-06-2004
Format: PDF eBook (?)
Edition: 1st
Extent: 408
ISBN: 9781847311245
Imprint: Hart Publishing
Series: European Academy of Legal Theory Series
RRP: £74.99
 

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About Epistemology and Methodology of Comparative Law

Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine.

All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.

Table Of Contents

Introduction
Mark Lattimer and Philippe Sands

1.Legal Culture v Legal Tradition
Alan Watson

2.Legal Cultures and Legal Traditions
H Patrick Glenn

3. Legal Epistemology and Transformation of Legal Cultures
Marek Zirk-Sadowski

4. Epistemology and Comparative Law: Contributions from the Sciences and Social Sciences
Geoffrey Samuel

5. How to Make Comparable Things: Legal Engineering at the Service of Comparative Law
Juha Karhu (Previously Juha Pöyhönen)

6. Methodology and European Law-Can Methodology Change so as to Cope with the Multiplicity of the Law?
Karl-Heinz Ladeur

7. Comparative Law of Obligations: Methodology and Epistemology
Christian von Bar

8. Codifying European Private Law
Walter van Gerven

9. Deep Level Comparative Law
Mark Van Hoecke

10. NICE Dreams and Realities of European Private Law
Nikolas Roos

11. The Europeanisation of National Legal Systems: Some Consequences for Legal Thinking in Civil Law Countries
Jan M Smits

12. Comparative Law and the Internationalisation of Law in Europe
Mireille Delmas-Marty

13. Public Law in Europe: Caught between the National, the Sub-National and the European?
John Bell

14. New Challenges in Public and Private International Legal Theory: Can Comparative Scholarship Help?
Horatia Muir Watt

15. Abridged or Forbidden Speech: How can Speech be Regulated through Speech?
François Rigaux

16. Legisprudence and Comparative Law
Luc J Wintgens

17. Rawls' Political Conception of Rights and Liberties: An Illiberal but Pragmatic Approach to the Problems of Harmonisation and Globalisation
Paul de Hert and Serge Gutwirth

18. Family Trees for Legal Systems: Towards a Contemporary Approach
Esin Örücü

19. A Common Legal Language in Europe?
Anne Lise Kjær

Reviews

“It is not only an epistemological discussion: the work lays out some gems of substantive law in addition to, indeed often as examples of, its core discussion of how comparative study is best carried out…there are valuable contributions to the theory of comparative law…the reader will find very stimulating and valuable insights on the indispensable contribution of comparative law.” –  Matthew Dyson, Cambridge Law Journal, Vol 66/1, March 2007

“the overall effect is to make the reader rethink his or her understanding of comparative law and, in particular, how he or she approaches this discipline. It thus provides a fascinating addition to the so far limited discussion of epistemology and methodology of comparative law at a time when interest in this subject is growing rapidly.” –  Dr Paula Giliker, St Hilda's College, Oxford, Common Law World Review

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