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Methodology of Law and Methodology of Legal Scholarship: The State of the Art in Europe


ISBN13: 9789403550701
Published: April 2026
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £133.00



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Methodology of Law and Methodology of Legal Scholarship is a book that results from the endeavour to revive and advance the discussion on legal methodology in Europe. Although the methodology of law and legal scholarship periodically attracts scholarly attention, no major comprehensive comparative research has systematically examined its current state across the European continental legal system. To address this gap, the editors of the present volume have brought together eminent experts in legal theory and legal methodology. The analysis not only maps the current state of the art but also contributes to a broader reassessment of what legal methodology means in various national traditions and suggests potential directions for its evolution.

What’s in this book:

To guide the authors, the editors proposed a general framework for the national reports. Each chapter was intended to address three primary questions:

  • an overview of courses dedicated to methodology at the respective law school, including relevant literature
  • an examination of the specific content and distinctions between the domains of methodology of law and legal scholarship methodology, and
  • a comprehensive survey of the specific methods employed by legal practitioners and legal scholars, particularly those differing from approaches in other sectors, disciplines or sciences

How this will help you:

While authors have done their best to adhere to this structure, the diversity of national practices necessitated some adaptations to the local legal context. These variations reflect differences in terminology, analytical depth, and philosophical background. Each chapter, however, provides invaluable insight into national approaches and serves as a starting point for shaping a universal European legal methodology grounded in local traditions.

Subjects:
Comparative Law
Contents:
Introduction: Mapping the Legal Mind of Europe

I. Legal Methodology in Practice and in the Study of Law in Austria
Daniel Staudigl – Kamila Staudigl-Ciechowicz
II. Methodology of Law and Methodology of Legal Scholarship in Belgium
Frederik Peeraer
III. Methodoloy of Public Law, Law, and Legal Scholarship in Croatia
Ivan Padjen
IV. Which Methodology for Law? Refl ections from the Case of Legal Education in Cyprus
Stergios G. Mitas
V. Methodology of Law and Methodology of Legal Scholarship in the Czech Republic
Katarzyna Žak Krzyžankova – Pavel Maršalek – Jan Tryzna
VI. Methodology of Law and Methodology of Legal Scholarship in the Law School Curricula – Germany
Andreas Funke
VII. The Icelandic Legal Method and Scholarship
Hafsteinn Dan Kristjansson
VIII. Italy: Rethinking Legal Education. New Challenges, Classical Method
Elena Bettarello
IX. Methodology of Law and Methodology of Legal Scholarship in the Law School Curricula – Latvia
Janis Pleps – Dita Plepa – Kalvis Engizers
X. Legal Methodology the Polish Way: between Legal Theory, Legal Dogmatics and Legal Practice
Maciej Próchnicki – Maciej Juzaszek – Wojciech Ciszewski – Przemyslaw Palka
XI. Teaching Legal Methodology in Romania
Alexandra Mercescu
XII. Methodology of Law and Legal Scholarship in the Law School Curricula: Russian Practice
Marina Davydova
XIII. The Methodology of Law and the Methodology of Legal Scholarship in Slovakia
Tomáš Gábriš
XIV. On Legal Methodology in Spain
Adolfo Jorge Sanchez Hidalgo

Conclusions

Literature