Epistemology And Methodology Of Comparative Law

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Epistemology and Methodology of Comparative Law

Author : Mark Van Hoecke
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311245
Total Pages : 408 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Epistemology and Methodology of Comparative Law by : Mark Van Hoecke

Download or read book Epistemology and Methodology of Comparative Law written by Mark Van Hoecke and published by Bloomsbury Publishing. This book was released on 2004-06-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Epistemology and Method in Law

Author : Geoffrey Samuel
Publisher : Routledge
ISBN 13 : 1351939343
Total Pages : 263 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Epistemology and Method in Law by : Geoffrey Samuel

Download or read book Epistemology and Method in Law written by Geoffrey Samuel and published by Routledge. This book was released on 2016-12-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

Comparative Law and Legal Traditions

Author : George Mousourakis
Publisher : Springer Nature
ISBN 13 : 3030282813
Total Pages : 323 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Comparative Law and Legal Traditions by : George Mousourakis

Download or read book Comparative Law and Legal Traditions written by George Mousourakis and published by Springer Nature. This book was released on 2019-11-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.

The Method and Culture of Comparative Law

Author : Maurice Adams
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254927
Total Pages : 348 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Method and Culture of Comparative Law by : Maurice Adams

Download or read book The Method and Culture of Comparative Law written by Maurice Adams and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Epistemology and Methodology of Comparative Law

Author : Mark van Hoecke
Publisher : Hart Publishing
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Epistemology and Methodology of Comparative Law by : Mark van Hoecke

Download or read book Epistemology and Methodology of Comparative Law written by Mark van Hoecke and published by Hart Publishing. This book was released on 2004-05 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whereas many modern works on comparative law focus on various aspects of legal doctrine, the aim of this book is more theoretical - to reflect on comparative law as a scholarly discipline, and in particular its epistemology and methodology. It seeks answers to fundamental, scientific problems of comparative research.

Comparative Law

Author : Sean Patrick Donlan
Publisher : Routledge
ISBN 13 : 0429751419
Total Pages : 141 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Comparative Law by : Sean Patrick Donlan

Download or read book Comparative Law written by Sean Patrick Donlan and published by Routledge. This book was released on 2019-12-06 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.

The Oxford Handbook of Comparative Law

Author : Mathias Reimann
Publisher : Oxford University Press
ISBN 13 : 0192565516
Total Pages : 1425 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Comparative Law by : Mathias Reimann

Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Comparative Law - Engaging Translation

Author : Simone Glanert
Publisher : Routledge
ISBN 13 : 1135047464
Total Pages : 226 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Comparative Law - Engaging Translation by : Simone Glanert

Download or read book Comparative Law - Engaging Translation written by Simone Glanert and published by Routledge. This book was released on 2014-06-27 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era marked by processes of economic, political and legal integration that are arguably unprecedented in their range and impact, the translation of law has assumed a significance which it would be hard to overstate. The following situations are typical. A French law school is teaching French law in the English language to foreign exchange students. Some US legal scholars are exploring the possibility of developing a generic or transnational constitutional law. German judges are referring to foreign law in a criminal case involving an honour killing committed in Germany with a view to ascertaining the relevance of religious prescriptions. European lawyers are actively working on the creation of a common private law to be translated into the 24 official languages of the European Union. Since 2004, the World Bank has been issuing reports ranking the attractiveness of different legal cultures for doing business. All these examples raise in one way or the other the matter of translation from a comparative legal perspective. However, in today’s globalised world where the need to communicate beyond borders arises constantly in different guises, many comparatists continue not to address the issue of translation. This edited collection of essays brings together leading scholars from various cultural and disciplinary backgrounds who draw on fields such as translation studies, linguistics, literary theory, history, philosophy or sociology with a view to promoting a heightened understanding of the complex translational implications pertaining to comparative law, understood both in its literal and metaphorical senses.

The Oxford Handbook of Comparative Law

Author : Mathias Reimann
Publisher : Oxford University Press
ISBN 13 : 0192565524
Total Pages : 1593 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Comparative Law by : Mathias Reimann

Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1593 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Comparative Law

Author : Mathias Siems
Publisher : Cambridge University Press
ISBN 13 : 1316863700
Total Pages : 531 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Comparative Law by : Mathias Siems

Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2018-04-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.

The Enigma of Comparative Law

Author : Esin Örücü
Publisher : Springer
ISBN 13 : 9401755965
Total Pages : 243 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis The Enigma of Comparative Law by : Esin Örücü

Download or read book The Enigma of Comparative Law written by Esin Örücü and published by Springer. This book was released on 2013-12-14 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.

An Introduction to Comparative Law Theory and Method

Author : Geoffrey Samuel
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254064
Total Pages : 319 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis An Introduction to Comparative Law Theory and Method by : Geoffrey Samuel

Download or read book An Introduction to Comparative Law Theory and Method written by Geoffrey Samuel and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.

Research Methods in Legal Translation and Interpreting

Author : Łucja Biel
Publisher : Routledge
ISBN 13 : 1351031201
Total Pages : 220 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Research Methods in Legal Translation and Interpreting by : Łucja Biel

Download or read book Research Methods in Legal Translation and Interpreting written by Łucja Biel and published by Routledge. This book was released on 2019-05-09 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement. The work presents examples of the variety of theoretical approaches which have been developed in the discipline and of the methodological sophistication which is currently being called for. In this regard, by combining different perspectives, they expand our understanding of the roles played by legal translators and interpreters, who emerge as linguistic and intercultural mediators dealing with a rich variety of legal texts; as knowledge communicators and as builders of specialised knowledge; as social agents performing a socially-situated activity; as decision-makers and agents subject to and redefining power relations, and as political actors shaping legal cultures and negotiating cultural identities, as well as their own professional identity. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

The Cambridge Handbook of Comparative Law

Author : Mathias Siems
Publisher : Cambridge University Press
ISBN 13 : 1108906877
Total Pages : 1362 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Cambridge Handbook of Comparative Law by : Mathias Siems

Download or read book The Cambridge Handbook of Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2024-01-31 with total page 1362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).

Private International Law and Global Governance

Author : Horatia Muir Watt
Publisher : OUP Oxford
ISBN 13 : 0191043370
Total Pages : 401 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Private International Law and Global Governance by : Horatia Muir Watt

Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by OUP Oxford. This book was released on 2014-12-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.

Methodologies of Legal Research

Author : Mark Van Hoecke
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317804
Total Pages : 320 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Methodologies of Legal Research by : Mark Van Hoecke

Download or read book Methodologies of Legal Research written by Mark Van Hoecke and published by Bloomsbury Publishing. This book was released on 2011-02-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.

Comparative Law as Critique

Author : Günter Frankenberg
Publisher : Edward Elgar Publishing
ISBN 13 : 1785363948
Total Pages : 296 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Law as Critique by : Günter Frankenberg

Download or read book Comparative Law as Critique written by Günter Frankenberg and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.