Read e-book online An Introduction to Comparative Law Theory and Method PDF

By Geoffrey Samuel

ISBN-10: 1849466432

ISBN-13: 9781849466431

This brief publication on comparative legislations concept and approach is designed basically for postgraduate examine scholars whose paintings includes comparability among felony structures. it's, therefore, a e-book on study equipment, even though it can also be of relevance to all scholars (undergraduate and postgraduate) taking classes in comparative legislations. The substance of the ebook has been built over decades of training common thought of comparative legislations, totally on the ecu Academy of criminal conception software in Brussels, but in addition on different courses in French, Belgian, and English universities. it really is controversial that there was, up to now, no unmarried introductory paintings completely dedicated to comparative legislation technique and, therefore, this ebook fills the distance. (Series: ecu Academy of criminal concept - Vol. eleven)

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2 Asking the Right Question B EFORE TURNING TO the details of comparative law methods it is important to say something about the research process itself. A piece of research, including of course research in comparative legal studies, has as its objective the discovery of knowledge. This can be achieved only through the posing of a question. A research thesis should therefore be a detailed answer to a clear and concise question. It follows from this assertion that the ‘best way of beginning a piece of research in social science consists in striving to set out the project in the form of an originating question’.

Curran (2001). See eg Van Hoecke (2004a); Monateri (2012a). Kahn-Freund (1966: 41). 14 Problems and Promises of Comparative Law collection of methods suggests a truncated, uni-dimensional view of what is fundamentally a bi-dimensional construct’. It is to take a formalist view of comparative law which in turn denies any substantive content to comparative work about law with the result that ‘it ultimately loses its status as a discrete, autonomous intellectual domain’. Legrand sees comparative law as a means of presenting a new perspective which will allow ‘one critically to illuminate a legal system—another or one’s own—much in the same way as, say, critical legal studies, feminist legal studies, legal semiotics or economic analysis of law can do’.

9 The ‘scientific’ aspect of this comparative process, according to Chevrel, is to be found in the way comparatists construct a space with frontiers that deliberately mark off a body, or bodies, of literature that come from ‘other’ cultures. 11 Now if one applies this approach by way of analogy to law, one can define ‘comparative law’ as a process in which the comparatist takes several objects in order to study them within a ‘scientific’ framework in which the object or element being studied is viewed in terms of the ‘other’.

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An Introduction to Comparative Law Theory and Method by Geoffrey Samuel


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