Epistemology and Methodology of Comparative Law

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Release : 2004-06-01
Genre : Law
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Book Rating : 245/5 ( reviews)

Epistemology and Methodology of Comparative Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Epistemology and Methodology of Comparative Law write by Mark Van Hoecke. This book was released on 2004-06-01. Epistemology and Methodology of Comparative Law available in PDF, EPUB and Kindle. Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.

Epistemology and Method in Law

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Release : 2016-12-05
Genre : Philosophy
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Book Rating : 343/5 ( reviews)

Epistemology and Method in Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Epistemology and Method in Law write by Geoffrey Samuel. This book was released on 2016-12-05. Epistemology and Method in Law available in PDF, EPUB and Kindle. This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

Epistemology and Methodology of Comparative Law

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Author :
Release : 2004
Genre : Comparative law
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Book Rating : 586/5 ( reviews)

Epistemology and Methodology of Comparative Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Epistemology and Methodology of Comparative Law write by Mark van Hoecke. This book was released on 2004. Epistemology and Methodology of Comparative Law available in PDF, EPUB and Kindle.

Comparative Law

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Release : 2019-12-06
Genre : Law
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Book Rating : 419/5 ( reviews)

Comparative Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Comparative Law write by Sean Patrick Donlan. This book was released on 2019-12-06. Comparative Law available in PDF, EPUB and Kindle. This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.

An Introduction to Comparative Law Theory and Method

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Release : 2014-12-01
Genre : Law
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Book Rating : 552/5 ( reviews)

An Introduction to Comparative Law Theory and Method - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook An Introduction to Comparative Law Theory and Method write by Geoffrey Samuel. This book was released on 2014-12-01. An Introduction to Comparative Law Theory and Method available in PDF, EPUB and Kindle. This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.