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Practice and Theory in Comparative Law

Practice and Theory in Comparative Law

  • Author:
  • 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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  • Description 
  • Contents 
  • Author 
  • Details

    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
  • Professor Maurice Adams, Universiteit van Tilburg

    Jacco Bomhoff, London School of Economics and Political Science

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