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Until quite recently, questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn, this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely...

Until quite recently, questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn, this has involved asking questions not only about coverage, but fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely...

This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence. Featuring discussions and reflections from scholars experienced in conducting comparative research, this book considers the ways in which comparative legal research can gain important comparative, qualitative and interpretive insights from the humanities and from the social...

Human interaction and communication are not only regulated by law, but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process.