Overview

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.

Full Product Details

Author:   Maurice Adams (Universiteit van Tilburg, The Netherlands) ,  Jacco Bomhoff (London School of Economics and Political Science)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.20cm , Height: 1.90cm , Length: 22.90cm
Weight:   0.470kg
ISBN:  

9781107416888

ISBN 10:   1107416884
Pages:   354
Publication Date:   10 July 2014
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Comparing law: practice and theory M. Adams and J. Bomhoff; 2. Reflections on comparative law methodology - getting inside contract law C. Valcke; 3. From comparing 'precedent' to 'reasoning with previous decisions J. Komárek; 4. Comparing legal argument: between the 'internal perspective' and the 'logic of juridical functioning' J. Bomhoff; 5. In search of system neutrality: methodological issues in the drafting of European contract law rules G. Dannemann; 6. Comparative law and global regulatory convergence: the example of competition law D. J. Gerber; 7. Reflections on comparative method in European constitutional law M. Claes and M. de Visser; 8. Rethinking methods in European private law J. M. Smits; 9. Transnational comparisons: theory and practice of comparative law as a critique of global governance P. Zumbansen; 10. Comparative constitutional compliance: notes towards a research agenda F. Schauer; 11. Quantitative methods for comparative constitutional law A. Meuwese and M. Versteeg; 12. Comparisons in private patrimonial law: towards a bottom-up approach using (cross-cultural) behavioural economics J. De Coninck; 13. Against 'comparative method': explaining similarities and differences M. Adams and J. Griffiths; 14. Comparative law as an act of modesty: a pragmatic and realistic approach to comparative legal scholarship K. Lemmens.

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Author Information

Maurice Adams is Professor of General Jurisprudence at Tilburg University, The Netherlands, and Professor of Comparative Law at the University of Antwerp, Belgium. Jacco Bomhoff is Lecturer in Law at the London School of Economics and Political Science.

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