Epistemology and methodology of comparative law edited by Mark van Hoecke.

Format:

Book

Conference/Event

Contributor:

Hoecke, Mark van, editor.

Katholieke Universiteit Brussel.

Vrije Universiteit Brussel.

European Academy of Legal Theory.

Conference Name:

Conference on Epistemology and Methodology of Comparative Law (2002 : Brussels, Belgium)

Series:

European Academy of Legal Theory series.

European Academy of Legal Theory monograph series

Language:

English

Subjects (All):

Comparative law--Methodology--Congresses.

Comparative law.

Knowledge, Theory of--Congresses.

Knowledge, Theory of.

Law--Methodology--Congresses.

Law.

Physical Description:

1 online resource (408 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2004.

Language Note:

English

System Details:

Mode of access: World Wide Web.

Summary:

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

Contents:

Legal culture v. legal tradition / Alan Watson

Legal cultures and legal traditions / H. Patrick Glenn

Legal epistemology and transformation of legal cultures / Marek Zirk-Sadowski

Epistemology and comparative law : contributions from the sciences and social sciences / Geoffrey Samuel

How to make comparable things : legal engineering at the service of comparative law / Juha Karhu (previously Juha Pöyhönen)

Methodology and European law - can methodology change so as to cope with the multiplicity of the law? / Karl-Heinz Ladeur

Comparative law of obligations : methodology and epistemology / Christian von Bar

Codifying European private law / Walter van Gerven

Deep level comparative law / Mark van Hoecke

NICE dreams and realities of European private law / Nikolas Roos

Europeanisation of national legal systems : some consequences for legal thinking in civil law countries / Jan M. Smits

Comparative law and the internationalisation of law in Europe / Mireille Delmas-Marty

Public law in Europe : caught between the national and sub-national and the European? / John Bell

New challenges in public and private international legal theory : can comparative scholarship help? / Horatia Muir Watt

Abridged or forbidden speech : how can speech be regulated through speech? / François Rigaux

Legisprudence of comparative law / Luc J. Wintgens

Rawls' political conception of rights and liberties : an illiberal but pragmatic approach to the problems of harmonisation and globalisation / Paul de Hert and Serge Gutwirth

Family trees for legal systems : towards a contemporary approach / Esin Örücü

A common legal language in Europe? / Anne Lise Kjær

Introduction

Mark Lattimer and Philippe Sands

1.Legal Culture v Legal Tradition

Alan Watson

2.Legal Cultures and Legal Traditions

H Patrick Glenn

3. Legal Epistemology and Transformation of Legal Cultures

Marek Zirk-Sadowski

4. Epistemology and Comparative Law: Contributions from the Sciences and Social Sciences

Geoffrey Samuel

5. How to Make Comparable Things: Legal Engineering at the Service of Comparative Law

Juha Karhu (Previously Juha Pöyhönen)

6. Methodology and European Law-Can Methodology Change so as to Cope with the Multiplicity of the Law?

Karl-Heinz Ladeur

7. Comparative Law of Obligations: Methodology and Epistemology

Christian von Bar

8. Codifying European Private Law

Walter van Gerven

9. Deep Level Comparative Law

Mark Van Hoecke

10. NICE Dreams and Realities of European Private Law

Nikolas Roos

11. The Europeanisation of National Legal Systems: Some Consequences for Legal Thinking in Civil Law Countries

Jan M Smits

12. Comparative Law and the Internationalisation of Law in Europe

Mireille Delmas-Marty

13. Public Law in Europe: Caught between the National, the Sub-National and the European?

John Bell

14. New Challenges in Public and Private International Legal Theory: Can Comparative Scholarship Help?

Horatia Muir Watt

15. Abridged or Forbidden Speech: How can Speech be Regulated through Speech?

François Rigaux

16. Legisprudence and Comparative Law

Luc J Wintgens

17. Rawls' Political Conception of Rights and Liberties: An Illiberal but Pragmatic Approach to the Problems of Harmonisation and Globalisation

Paul de Hert and Serge Gutwirth

18. Family Trees for Legal Systems: Towards a Contemporary Approach

Esin Örücü

19. A Common Legal Language in Europe?

Anne Lise Kjær

Notes:

"Mainly the plenary papers of the Conference on Epistemology and Methodology of Comparative Law, organised in Brussels on 24 till 26 October 2002 ... by the Katholieke Universiteit Brussel, in collaboration with the Vrije Universiteit Brussel and the European Academy of Legal Theory"--Foreword

Includes bibliographical references

ISBN:

9786610808625

9781472559586

1472559584

9781280808623

1280808624

9781847311245

1847311245

OCLC:

476004917