Comparative Law As Critique
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Comparative Law As Critique
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Author : Günter Frankenberg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-04-29
Comparative Law As Critique written by Günter Frankenberg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Law categories.
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.
Comparative Law And The Task Of Negative Critique
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Author : Pierre Legrand
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-09
Comparative Law And The Task Of Negative Critique written by Pierre Legrand and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-09 with Law categories.
This book’s essays seek to cleanse comparative law of some of the epistemic detritus it has been collecting and that has been cluttering its theory and practice to the point where this flotsam has effectively stultified ‘good’ comparison. While a critique would pursue adjustments to the prevailing model, this text’s negative critique seeks a much more radical refurbishment as it utters an emphatic ‘no’ to the governing epistemology: it pursues, in effect, a deposition and a disposition of the leading epistemic configuration and the various assumptions regarding the acquisition of knowledge about foreign law that inform it. Negative comparative law thus operates at a primordial level inasmuch as it concerns the matter of justice: it aims to do justice to foreign law as foreignness finds itself appropriated and travestied by comparatists for ideological purposes. In the process, negative critique purports significantly to enhance comparative law’s institutional, intellectual, and ethical respectability. This book will benefit all law teachers and postgraduate law students interested in the workings of law on the international scene, whether specialists in comparative law, public international law, private international law, transnational law, or foreign relations law – in particular, individuals bringing to bear a critical inclination to their subject-matter.
Advanced Introduction To Comparative Legal Methods
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Author : Monateri, Pier
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-22
Advanced Introduction To Comparative Legal Methods written by Monateri, Pier and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-22 with Law categories.
Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law.
Methods Of Comparative Law
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Author : P. G. Monateri
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Methods Of Comparative Law written by P. G. Monateri and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.
Epistemology And Methodology Of Comparative Law
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Author : Mark Van Hoecke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-06-01
Epistemology And Methodology Of Comparative Law written by Mark Van Hoecke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-06-01 with Law categories.
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.
Comparative Legal Analysis 5 Basic Fields
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Author : M. T.
language : en
Publisher: GRIN Verlag
Release Date : 2016-07-28
Comparative Legal Analysis 5 Basic Fields written by M. T. and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
Essay from the year 2016 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 78%, 17 Punkte, University of Hull, language: English, abstract: In times of globalization and internationalisation comparative legal studies play an ever more important role. Especially against the backdrop of trying to foster understanding of different cultures as well as to enhance the development of domestic legal systems and thereby improve one’s own law , comparative law studies are becoming increasingly significant. Comparative legal studies can be defined as the purposeful analysis of different laws or legal systems through the use of one or more approaches. Comparative law consists of the fields ‘private international law’, ‘the making of law’, ‘the interpretation and application of the law’, ‘the confluence of the law and the development of general common principles’ and ‘the unification of the law’ . The aim of this essay is to explain these five basic fields in which comparative legal studies are employed and to illustrate these subjects by giving examples.
Rethinking Comparative Law
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Author : Glanert, Simone
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-19
Rethinking Comparative Law written by Glanert, Simone and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-19 with Law categories.
Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.
What We Write About When We Write About Comparative Law
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Author : Claudia Hasbun
language : en
Publisher:
Release Date : 2017
What We Write About When We Write About Comparative Law written by Claudia Hasbun and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Scholarship Practice And Education In Comparative Law
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Author : John H. Farrar
language : en
Publisher: Springer Nature
Release Date : 2019-10-03
Scholarship Practice And Education In Comparative Law written by John H. Farrar and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with Law categories.
This book examines how law functions in a multitude of facets and dimensions. The contributions shed light on the study of comparative law in legal scholarship, the relevance of comparative law in legal practice, and the importance of comparative law in legal education. The book will particularly appeal to those engaged in the teaching and scholarship of comparative law, and those seeking to uncover the various significant dimensions of the workings of law. The book is organised in three parts. Part I addresses scholarship, with contributors examining comparative legal issues as critique and from a theoretical framework. Part II outlines practice, with contributors discussing the function of comparative law in such comparatively diverse areas as international arbitration, environment, and the rule of law. Part III appraises comparative law in education.
Practice And Theory In Comparative Law
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Author : Maurice Adams
language : en
Publisher: Cambridge University Press
Release Date : 2012-07-05
Practice And Theory In Comparative Law written by Maurice Adams and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-05 with Law categories.
What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.