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Vol 22 No 4 April/May 2017

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An Introduction to Comparative Law Theory and Method

ISBN13: 9781849466431
Published: June 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £18.99

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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.

Comparative Law
List of Figures
Principal Abbreviations
List of Common Law Cases

1. Problems and Promises of Comparative Law
2. Asking the Right Question
3. What is ‘Comparison’?
4. Functional Method
5. Alternatives to Functionalism
6. Structural Method
7. Hermeneutical Method
8. What is ‘Law’ (1)?
9. What is Law (2)?
10. Paradigm Orientations

Concluding Remarks: A Methodological Road Map?