Paradigms in Modern European Comparative Law
Title | Paradigms in Modern European Comparative Law PDF eBook |
Author | Balázs Fekete |
Publisher | Bloomsbury Publishing |
Pages | 240 |
Release | 2021-04-22 |
Genre | Law |
ISBN | 1509946942 |
This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.
Paradigms in Modern European Comparative Law
Title | Paradigms in Modern European Comparative Law PDF eBook |
Author | Balázs Fekete |
Publisher | Bloomsbury Publishing |
Pages | 244 |
Release | 2021-04-22 |
Genre | Law |
ISBN | 1509946934 |
This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.
Interdisciplinary Comparative Law
Title | Interdisciplinary Comparative Law PDF eBook |
Author | Husa, Jaakko |
Publisher | Edward Elgar Publishing |
Pages | 256 |
Release | 2022-05-17 |
Genre | Law |
ISBN | 1802209786 |
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful and timely book introduces an explanatory theory for surveying global and international politics. Describing the nature and effects of democracy beyond the state, Hans Agné explores peace and conflict, migration politics, resource distribution, regime effectiveness, foreign policy and posthuman politics through the lens of democratism to both supplement and challenge established research paradigms.
Epistemology and Methodology of Comparative Law
Title | Epistemology and Methodology of Comparative Law PDF eBook |
Author | Mark Van Hoecke |
Publisher | Bloomsbury Publishing |
Pages | 408 |
Release | 2004-06-01 |
Genre | Law |
ISBN | 1847311245 |
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.
A Modern Approach to Comparative Law
Title | A Modern Approach to Comparative Law PDF eBook |
Author | Peter De Cruz |
Publisher | Aspen Publishers |
Pages | 372 |
Release | 1993 |
Genre | Law |
ISBN |
Modern Law and Otherness
Title | Modern Law and Otherness PDF eBook |
Author | Veronica Corcodel |
Publisher | Edward Elgar Publishing |
Pages | 240 |
Release | 2019-12-27 |
Genre | Law |
ISBN | 1786431882 |
Over the last two decades or so, the field of comparative law has been increasingly interested in issues of globalisation and Eurocentrism. This book inscribes itself within the debates that have arisen on these issues and aims to provide a greater understanding of the ways in which the “non-West” is constructed in Euro-American comparative law. Approaching knowledge production from an interdisciplinary and critical perspective, the book puts emphasis on the governance implications of the field.
The Enigma of Comparative Law
Title | The Enigma of Comparative Law PDF eBook |
Author | Esin Örücü |
Publisher | Springer |
Pages | 243 |
Release | 2013-12-14 |
Genre | Law |
ISBN | 9401755965 |
Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.