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.
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- English
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Epistemology and Methodology of Comparative Law
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Table of contents
- Half Title Page
- Half Title verso
- Title Page
- Title verso
- Foreword
- Contents
- List of Contributors
- 1. Legal Culture v Legal Tradition
- 2. Legal Cultures and Legal Traditions
- 3. Legal Epistemology and Transformation of Legal Cultures
- 4. Epistemology and Comparative Law: Contributions from the Sciences and Social Sciences
- 5. How to Make Comparable Things: Legal Engineering at the Services of Comparative Law
- 6. Methodology and European Law - Can Methodology Change so as to Cope with the Multiplicity of the Law?
- 7. Comparative Law of Obligations: Methodology and Epistemology
- 8. Codifying European Private Law
- 9. Deep Level Comparative Law
- 10. NICE Dreams and Realities of European Private Law
- 11. The Europeanisation of National Legal Systems: Some Consequences for Legal Thinking in Civil Law Countries
- 12. Comparative Law and the Internationalisation of Law in Europe
- 13. Public Law in Europe: Caught between the National, the Sub-National and the European?
- 14. New Challenges in Public and Private International Legal Theory: Can Comparative Scholarship Help?
- 15. Abridged or Forbidden Speech: How can Speech be Regulated Through Speech?
- 16. Legisprudence and Comparative Law
- 17. Rawls' Political Conception of Rights and Liberties: An Illiberal but Pragmatic Approach to the Problems of Harmonisation and Globalisation
- 18. Family Trees for Legal Systems: Towards a Contemporary Approach
- 19. A Common Legal Language in Europe?
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