Practice and Theory in Comparative Law

ISBN-13: 9781107010857 / Angielski / Twarda / 2012 / 354 str.

Maurice Adams

Opis

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.

Spis treści

1. Comparing law: practice and theory M. Adams and J. Bomhoff; 2. Reflections on comparative law methodology - getting inside contract law C. Valcke; 3. From comparing 'precedent' to 'reasoning with previous decisions J. Komárek; 4. Comparing legal argument: between the 'internal perspective' and the 'logic of juridical functioning' J. Bomhoff; 5. In search of system neutrality: methodological issues in the drafting of European contract law rules G. Dannemann; 6. Comparative law and global regulatory convergence: the example of competition law D. J. Gerber; 7. Reflections on comparative method in European constitutional law M. Claes and M. de Visser; 8. Rethinking methods in European private law J. M. Smits; 9. Transnational comparisons: theory and practice of comparative law as a critique of global governance P. Zumbansen; 10. Comparative constitutional compliance: notes towards a research agenda F. Schauer; 11. Quantitative methods for comparative constitutional law A. Meuwese and M. Versteeg; 12. Comparisons in private patrimonial law: towards a bottom-up approach using (cross-cultural) behavioural economics J. De Coninck; 13. Against 'comparative method': explaining similarities and differences M. Adams and J. Griffiths; 14. Comparative law as an act of modesty: a pragmatic and realistic approach to comparative legal scholarship K. Lemmens.