Epistemology and methodology of comparative law
Author(s)
Bibliographic Information
Epistemology and methodology of comparative law
（European Academy of legal theory series）
Hart, 2004
- : hbk
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Note
"Mainly the plenary papers of the Conference on Epistemology and Methodology of Comparative Law, organised in Bryssels on 24 till 26 October 2002"--P. [v]
Description and Table of Contents
Description
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.
Table of Contents
Introduction
Mark Lattimer and Philippe Sands
1.Legal Culture v Legal Tradition
Alan Watson
2.Legal Cultures and Legal Traditions
H Patrick Glenn
3. Legal Epistemology and Transformation of Legal Cultures
Marek Zirk-Sadowski
4. Epistemology and Comparative Law: Contributions from the Sciences and Social Sciences
Geoffrey Samuel
5. How to Make Comparable Things: Legal Engineering at the Service of Comparative Law
Juha Karhu (Previously Juha Poeyhoenen)
6. Methodology and European Law-Can Methodology Change so as to Cope with the Multiplicity of the Law?
Karl-Heinz Ladeur
7. Comparative Law of Obligations: Methodology and Epistemology
Christian von Bar
8. Codifying European Private Law
Walter van Gerven
9. Deep Level Comparative Law
Mark Van Hoecke
10. NICE Dreams and Realities of European Private Law
Nikolas Roos
11. The Europeanisation of National Legal Systems: Some Consequences for Legal Thinking in Civil Law Countries
Jan M Smits
12. Comparative Law and the Internationalisation of Law in Europe
Mireille Delmas-Marty
13. Public Law in Europe: Caught between the National, the Sub-National and the European?
John Bell
14. New Challenges in Public and Private International Legal Theory: Can Comparative Scholarship Help?
Horatia Muir Watt
15. Abridged or Forbidden Speech: How can Speech be Regulated through Speech?
Francois Rigaux
16. Legisprudence and Comparative Law
Luc J Wintgens
17. Rawls' Political Conception of Rights and Liberties: An Illiberal but Pragmatic Approach to the Problems of Harmonisation and Globalisation
Paul de Hert and Serge Gutwirth
18. Family Trees for Legal Systems: Towards a Contemporary Approach
Esin OErucu
19. A Common Legal Language in Europe?
Anne Lise Kjaer
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