What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.
With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future ...
European Comparative Law: Legal Theory, Methodology and Practice
Seizelet E (1992) European law and tradition in Japan during the Meiji Era, 1868–1912. ... Camb Law J 37:313 Watson A (1984) Sources of law, legal change, and ambiguity, Philadelphia Watson A (1985) The evolution of law, Oxford Watson A ...
Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons.
By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which ...
Legal history, especially perhaps Roman law, is often taught in a vacuum without its relevance for modern law being ... been taken up:' Critical Studies in Ancient law, Comparative Law and Legal History (Oxford, Hart 2001), p xvii.
The book will particularly appeal to those engaged in the teaching and scholarship of comparative law, and those seeking to uncover the various significant dimensions of the workings of law. The book is organised in three parts.
Such doctrine, as applied in the climate change context, mandates State and government bodies to hold a fiduciary duty to protect the atmosphere as a commonly shared public trust resource (Sax 1970).15 Thus, instead of establishing a ...
This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions ...
The Theory and Practice of Dissolution of Parliament: A Comparative Study with Special Reference to the United Kingdom and Greek...