Epistemology and Methodology of Comparative Law

(Hardback)

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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.

Reviews

It is not only an epistemological discussion: the work lays out some gems of substantive law in addition to, indeed often as examples of, its core discussion of how comparative study is best carried outthere are valuable contributions to the theory of comparative lawthe reader will find very stimulating and valuable insights on the indispensable contribution of comparative law. -- Matthew Dyson * Cambridge Law Journal, Vol 66/1, March 2007 *
the overall effect is to make the reader rethink his or her understanding of comparative law and, in particular, how he or she approaches this discipline. It thus provides a fascinating addition to the so far limited discussion of epistemology and methodology of comparative law at a time when interest in this subject is growing rapidly. -- Dr Paula Giliker, St Hilda's College, Oxford * Common Law World Review *

Author Bio

Mark Van Hoecke is Professor of Law and Jurisprudence at the Katholieke Universiteit Brussel and co-director of the European Academy of Legal Theory in Brussels.