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, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.

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Yes, you can access The Method and Culture of Comparative Law by Maurice Adams, Dirk Heirbaut, Maurice Adams,Dirk Heirbaut in PDF and/or ePUB format, as well as other popular books in Law & Comparative Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher

Year

Print ISBN

eBook ISBN

Edition

Topic

Law

Subtopic

Comparative Law

Index

Law

Cover
Half-title
Title
Copyright
Preface
Contents
About the Authors
Table of Cases
Table of Legislation
Table of Conventions, Agreements etc
1 Prolegomena to the Method and Culture of Comparative Law
2 What is Legal Epistemology?
3 Comparative Law as Method and the Method of Comparative Law
4 Research Designs of Comparative Law—Methodology or Heuristics?
5 Law as Translation
6 Controlled Comparison and Language of Description
7 Three Functions of Function in Comparative Legal Studies
8 Comparative Law and Legal History: A Few Words about Comparative Legal History
9 Comparative Contexts in Legal History: Are We All Comparatists Now?
10 The Curious Case of Overfitting Legal Transplants
11 ‘Ius commune’, Comparative Law and Public Governance
12 Things Being Various: Normativity, Legality, State Legality
13 Against Method?
14 Comparatively Speaking: ‘Law in its Regulatory Environment’
15 The Importance of Institutions
16 Live and Let Die: An Essay Concerning Legal-Cultural Understanding
17 Policy and Politics in Contract Law Reform in Japan
18 The Eurocrises and What Socio-legal Studies Could Do about Them, or: Comparing European Pluralisms from Legal Cultural Approaches
19 Comparing the Legitimacy of Constitutional Court Decision-Making: Deliberation as Method
20 Making the Case for European Comparative Legal Studies in Public Law
21 Comparative Law and EU Legislation: Inspiration, Evaluation or Justification?
Author Index
Subject Index

About this book

Frequently asked questions

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Table of contents