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The Method and Culture of Comparative Law

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

Author: Maurice Adams; Dirk Heirbaut
Publisher: Hart Publishing
ISBN: 9781509905003

Published In: December 2015
Format: Paperback , 346 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849466233

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Description
Contents
Author

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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, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law.

With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.

Preface

About the Authors

Table of Cases

Table of Legislation

Table of Conventions

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

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 Justification?

Rob van Gestel and Hans-W Micklitz

Author Index

Subject Index

Maurice Adams is Professor of General Jurisprudence at the University of Tilburg.
Dirk Heirbaut is Professor of Legal History and Roman Law at Ghent University.