Paradigms in Modern European Comparative Law: A History

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This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the empathic use of some ideas from Kuhns theories on the history of science paradigm, paradigm-shift, puzzle-solving research and incommensurability the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit compar, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.

Reviews

A brilliant book which deserves serious attention from comparatists and scholars employing comparative legal methods Feketes meticulous and innovative historical appraisal of comparative laws modern development represents an important step towards the formation of a discipline fully aware of, and confident in, its value and potential. -- Luca Siliquini-Cinelli, University of Dundee * Social & Legal Studies *

Author Bio

Balzs Fekete is Associate Professor at the Etvs Lornd University Faculty of Law and Senior Research Fellow at the Centre of Social Sciences Institute for Legal Studies, Hungary.