Practice and Theory in Comparative Law

A collection of essays exploring the gap between theory and practice in comparative legal studies.

Maurice Adams (Edited by), Jacco Bomhoff (Edited by)

9781107010857, Cambridge University Press

Hardback, published 5 July 2012

354 pages, 2 b/w illus. 3 maps
22.9 x 15.2 x 2.4 cm, 0.69 kg

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.

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.

Subject Areas: Laws of Specific jurisdictions [LN], Law [L], Human rights [JPVH]