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Epistemology and Methodology of Comparative Law: European Academy of Legal Theory Series

Editat de Mark Van Hoecke
en Limba Engleză Hardback – 31 mai 2004
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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Specificații

ISBN-13: 9781841134437
ISBN-10: 1841134430
Pagini: 408
Dimensiuni: 156 x 234 x 32 mm
Greutate: 0.75 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria European Academy of Legal Theory Series

Locul publicării:London, United Kingdom

Caracteristici

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

Notă biografică

Mark Van Hoecke is Professor of Law and Jurisprudence at the Katholieke Universiteit Brussel and co-director of the European Academy of Legal Theory in Brussels.

Cuprins

IntroductionMark Lattimer and Philippe Sands1.Legal Culture v Legal TraditionAlan Watson2.Legal Cultures and Legal TraditionsH Patrick Glenn3. Legal Epistemology and Transformation of Legal CulturesMarek Zirk-Sadowski4. Epistemology and Comparative Law: Contributions from the Sciences and Social SciencesGeoffrey Samuel5. How to Make Comparable Things: Legal Engineering at the Service of Comparative LawJuha Karhu (Previously Juha Pöyhönen)6. Methodology and European Law-Can Methodology Change so as to Cope with the Multiplicity of the Law?Karl-Heinz Ladeur7. Comparative Law of Obligations: Methodology and EpistemologyChristian von Bar8. Codifying European Private LawWalter van Gerven9. Deep Level Comparative LawMark Van Hoecke10. NICE Dreams and Realities of European Private LawNikolas Roos11. The Europeanisation of National Legal Systems: Some Consequences for Legal Thinking in Civil Law CountriesJan M Smits12. Comparative Law and the Internationalisation of Law in EuropeMireille Delmas-Marty13. Public Law in Europe: Caught between the National, the Sub-National and the European?John Bell14. New Challenges in Public and Private International Legal Theory: Can Comparative Scholarship Help?Horatia Muir Watt15. Abridged or Forbidden Speech: How can Speech be Regulated through Speech?François Rigaux16. Legisprudence and Comparative LawLuc J Wintgens17. Rawls' Political Conception of Rights and Liberties: An Illiberal but Pragmatic Approach to the Problems of Harmonisation and GlobalisationPaul de Hert and Serge Gutwirth18. Family Trees for Legal Systems: Towards a Contemporary ApproachEsin Örücü19. A Common Legal Language in Europe?Anne Lise Kjær

Recenzii

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.
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.

Descriere

These papers seek to answer the fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.