The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke

ISBN-13: 9781509905003 / Angielski / Miękka / 2015 / 352 str.

Maurice Adams; Dirk Heirbaut

Opis

Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are, to a great extent, a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That, however, does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has been interested in many topics throughout his career, but legal theory, comparative law, and methodology of law stand out. Building upon his work, this festschrift, which is now available in paperback, brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. ** -In this beautifully produced volume, leading theorists and researchers look at significant aspects of their fields...As a whole, the most important contribution of this volume, however, is having collected essays which all indicate, in various ways, the role of comparative law in enhancing knowledge not only of law but also society, of context and interdisciplinary approaches, and of the significant place of imaginative interpretation for our understanding of law and society.- -- Esin Orucu, The Edinburgh Law Review Subject: Comparative Law, Legal History, Legal Philosophy]

Spis treści

1. Prolegomena to the Method and Culture of Comparative Law Maurice Adams and Dirk Heirbaut 2. What is Legal Epistemology? Geoffrey Samuel 3. Comparative Law as Method and the Method of Comparative Law Jaap Hage 4. Research Designs of Comparative Law—Methodology or Heuristics? Jaakko Husa 5. Law as Translation François Ost 6. Controlled Comparison and Language of Description Maurice Adams 7. Three Functions of Function in Comparative Legal Studies Catherine Valcke and Mathew Grellette 8. Comparative Law and Legal History: A Few Words about Comparative Legal History Martin Löhnig 9. Comparative Contexts in Legal History: Are We All Comparatists Now? Heikki Pihlajamäki 10. The Curious Case of Overfi tting Legal Transplants Mathias M Siems 11. ‘Ius commune’, Comparative Law and Public Governance Alain Wijffels viii 12. Things Being Various: Normativity, Legality, State Legality Seán Patrick Donlan 13. Against Method? H Patrick Glenn 14. Comparatively Speaking: ‘Law in its Regulatory Environment’ Roger Brownsword 15. The Importance of Institutions John Bell 16. Live and Let Die: An Essay Concerning Legal-Cultural Understanding Jørn Øyrehagen Sunde 17. Policy and Politics in Contract Law Reform in Japan Souichirou Kozuka and Luke Nottage 18. The Eurocrises and What Socio-legal Studies Could Do about Them, or: Comparing European Pluralisms from Legal Cultural Approaches Joxerramon Bengoetxea 19. Comparing the Legitimacy of Constitutional Court Decision- Making: Deliberation as Method Toon Moonen 20. Making the Case for European Comparative Legal Studies in Public Law Susan Millns 21. Comparative Law and EU Legislation: Inspiration, Evaluation or Justifi cation? Rob van Gestel and Hans-W Micklitz