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The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke

Editat de Professor Maurice Adams, Dirk Heirbaut
en Limba Engleză Paperback – 2 dec 2015
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 been interested in many topics throughout his career, 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, Matthew Grellette and Alain Wijffels.Review'In this beautifully produced volume, leading theorists and researchers look at significant aspects of their fields.As a whole, the most important contribution of this volume, however, is having collected essays which all indicate, in various ways, the role of comparative law in enhancing knowledge not only of law but also society, of context and interdisciplinary approaches, and of the significant place of imaginative interpretation for our understanding of law and society'.Esin Örücü, The Edinburgh Law Review
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Specificații

ISBN-13: 9781509905003
ISBN-10: 1509905006
Pagini: 352
Dimensiuni: 156 x 234 x 20 mm
Greutate: 0.54 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book brings together a collection of essays by leading scholars in honour of Mark Van Hoecke.

Notă biografică

Maurice Adams is Professor of General Jurisprudence at Tilburg University. Dirk Heirbaut is Professor of Legal History and Roman Law at Ghent University.

Cuprins

1. Prolegomena to the Method and Culture of Comparative Law Maurice Adams and Dirk Heirbaut2. What is Legal Epistemology? Geoffrey Samuel3. Comparative Law as Method and the Method of ComparativeLaw Jaap Hage4. Research Designs of Comparative Law-Methodology orHeuristics? Jaakko Husa5. Law as Translation François Ost6. Controlled Comparison and Language of Description Maurice Adams7. Three Functions of Function in Comparative Legal Studies Catherine Valcke and Mathew Grellette8. Comparative Law and Legal History: A Few Words aboutComparative Legal History Martin Löhnig9. Comparative Contexts in Legal History: Are We AllComparatists Now? Heikki Pihlajamäki10. The Curious Case of Overfi tting Legal Transplants Mathias M Siems11. 'Ius commune', Comparative Law and Public Governance Alain Wijffelsviii12. Things Being Various: Normativity, Legality, State Legality Seán Patrick Donlan13. Against Method? H Patrick Glenn14. Comparatively Speaking: 'Law in its Regulatory Environment' Roger Brownsword15. The Importance of Institutions John Bell16. Live and Let Die: An Essay Concerning Legal-CulturalUnderstanding Jørn Øyrehagen Sunde17. Policy and Politics in Contract Law Reform in Japan Souichirou Kozuka and Luke Nottage18. The Eurocrises and What Socio-legal Studies Could Do aboutThem, or: Comparing European Pluralisms from LegalCultural Approaches Joxerramon Bengoetxea19. Comparing the Legitimacy of Constitutional Court Decision-Making: Deliberation as Method Toon Moonen20. Making the Case for European Comparative Legal Studies inPublic Law Susan Millns21. Comparative Law and EU Legislation: Inspiration, Evaluationor Justifi cation? Rob van Gestel and Hans-W Micklitz

Recenzii

In this beautifully produced volume, leading theorists and researchers look at significant aspects of their fields.As a whole, the most important contribution of this volume, however, is having collected essays which all indicate, in various ways, the role of comparative law in enhancing knowledge not only of law but also society, of context and interdisciplinary approaches, and of the significant place of imaginative interpretation for our understanding of law and society.

Descriere

Descriere de la o altă ediție sau format:
Mark Van Hoecke is particularly interested in legal theory, comparative law and methodology of law. This book brings together a group of leading authors working at the crossroads of these themes: the methodology of comparative law.