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Practice and Theory in Comparative Law

Practice and Theory in Comparative Law

Author: Professor Maurice Adams; Jacco Bomhoff
Publisher: Cambridge University Press
ISBN: 9781107010857
Published In: July 2012
Format: Hardback , 352 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

• Combines theoretical insights with practical relevance in the domain of comparative law and legal research, making this a useful reference for readers interested in both practical projects and critical reflection

• Comes at a time of renewed interest in legal research methodology, comparative legal scholarship and transnational law

• Bridges the gap between theory and practice in comparative and transnational law literatures

List of contributors	vii
Acknowledgments	ix
1 Comparing law: practice and theory Maurice Adams and Jacco Bomhoff	1
2 Reflections on comparative law methodology – getting inside contract law Catherine Valcke	22
3 Reasoning with previous decisions Jan Komárek	49
4 Comparing legal argument Jacco Bomhoff	74
5 In search of system neutrality: methodological issues in the drafting of European contract law rules Gerhard Dannemann	96
6 Comparative law and global regulatory convergence: the example of competition law David J. Gerber	120
7 Reflections on comparative method in European constitutional law Monica Claes and Maartje de Visser	143
8 Rethinking methods in European private law Jan M. Smits	170
9 Transnational comparisons: theory and practice of comparative law as a critique of global governance Peer Zumbansen	186
10 Comparative constitutional compliance: notes towards a research agenda Frederick Schauer	212
11 Quantitative methods for comparative constitutional law Anne Meuwese and Mila Versteeg	230
12 Comparisons in private patrimonial law: towards a bottom-up approach using (cross-cultural) behavioural economics Julie de Coninck	258
13 Against ‘comparative method’: explaining similarities and differences Maurice Adams and John Griffiths	279
14 Comparative law as an act of modesty: a pragmatic and realistic approach to comparative legal scholarship Koen Lemmens	302
Index	327