An Introduction to Comparative Law Theory and Method

ISBN-13: 9781849466431 / Angielski / Miękka / 2014 / 232 str.

Geoffrey Samuel

Opis

This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory program in Brussels, but also on other programs in French, Belgian, and English universities. It is arguable that there has been, to date, no single introductory work exclusively devoted to comparative law methodology and, thus, this book fills the gap. (Series: European Academy of Legal Theory - Vol. 11)

Spis treści

1. Problems and Promises of Comparative Law 2. Asking the Right Question 3. What is ‘Comparison’? 4. Functional Method 5. Alternatives to Functionalism 6. Structural Method 7. Hermeneutical Method 8. What is ‘Law’ (1)? 9. What is Law (2)? 10. Paradigm Orientations