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Epistemology and Methodology of Comparative Law : European Academy of Legal Theory Series - Mark Van Hoecke

Epistemology and Methodology of Comparative Law

European Academy of Legal Theory Series


Published: 1st June 2004
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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 on 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.

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. Matthew Dyson Cambridge Law Journal Vol 66/1, March 2007 ...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. Dr Paula Giliker, St Hilda's College, Oxford. Common Law World Review April 2005

Legal culture v legal traditionp. 1
Legal cultures and legal traditionsp. 7
Legal epistemology and transformation of legal culturesp. 21
Epistemology and comparative law : contributions from the sciences and social sciencesp. 35
How to make comparable things : legal engineering at the service of comparative lawp. 79
Methodology and European law - can methodology change so as to cope with the multiplicity of the law?p. 91
Comparative law of obligations : methodology and epistemologyp. 123
Codifying European private lawp. 137
Deep level comparative lawp. 165
NICE dreams and realities of European private lawp. 197
The Europeanisation of national legal systems : some consequences for legal thinking in civil law countriesp. 229
Comparative law and the internationalisation of law in Europep. 247
Public law in Europe : caught between the national, the sub-national and the European?p. 259
New challenges in public and private international legal theory : can comparative scholarship help?p. 271
Abridged or forbidden speech : how can speech be regulated through speech?p. 285
Legisprudence and comparative lawp. 299
Rawls' political conception of rights and liberties : an illiberal but pragmatic approach to the problems of harmonisation and globalisationp. 317
Family trees for legal systems : towards a contemporary approachp. 359
A common legal language in Europe?p. 377
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841134437
ISBN-10: 1841134430
Series: European Academy of Legal Theory Series
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 408
Published: 1st June 2004
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 3.2
Weight (kg): 0.73
Edition Number: 1