Epistemology And Methodology Of Comparative Law
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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.
Epistemology And Method In Law
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Author : Geoffrey Samuel
language : en
Publisher: Routledge
Release Date : 2016-12-05
Epistemology And Method In Law written by Geoffrey Samuel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Philosophy categories.
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.
Epistemology And Methodology Of Comparative Law
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Author : Mark van Hoecke
language : en
Publisher:
Release Date : 2004
Epistemology And Methodology Of Comparative Law written by Mark van Hoecke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Comparative law categories.
The Method And Culture Of Comparative Law
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Author : Maurice Adams
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
The Method And Culture Of Comparative Law written by Maurice Adams and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
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.
Comparative Methods In Law Humanities And Social Sciences
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Author : Adams, Maurice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-11-19
Comparative Methods In Law Humanities And Social Sciences written by Adams, Maurice 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 2021-11-19 with Law categories.
This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.
An Introduction To Comparative Law Theory And Method
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Author : Geoffrey Samuel
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
An Introduction To Comparative Law Theory And Method written by Geoffrey Samuel and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
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.
Comparative Law And Multicultural Legal Classes Challenge Or Opportunity
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Author : Csaba Varga
language : en
Publisher: Springer Nature
Release Date : 2020-07-30
Comparative Law And Multicultural Legal Classes Challenge Or Opportunity written by Csaba Varga and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-30 with Law categories.
This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.
Rethinking Legal Reasoning
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Author : Geoffrey Samuel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-08-31
Rethinking Legal Reasoning written by Geoffrey Samuel 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 2018-08-31 with Law categories.
‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
The Grand Strategy Of Comparative Law
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Author : Luca Siliquini-Cinelli
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-19
The Grand Strategy Of Comparative Law written by Luca Siliquini-Cinelli and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-19 with Law categories.
This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri. Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice. Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.
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.