By Geoffrey Samuel
This brief e-book on comparative legislation idea and process is designed essentially for postgraduate study scholars whose paintings comprises comparability among criminal structures. it truly is, consequently, a booklet on learn tools, even though it may also be of relevance to all scholars (undergraduate and postgraduate) taking classes in comparative legislations. The substance of the e-book has been built over decades of training common thought of comparative legislations, totally on the eu Academy of felony conception application in Brussels, but in addition on different courses in French, Belgian, and English universities. it's debatable that there was, thus far, no unmarried introductory paintings completely dedicated to comparative legislation technique and, therefore, this publication fills the space. (Series: eu Academy of criminal conception - Vol. eleven)
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Additional info for An Introduction to Comparative Law Theory and Method
30 These approaches have proved more sophisticated, in that they have at least escaped from legitimating theories focusing on legal formalism or upon trite humanitarian goals. 31 Just as historical jurisprudence seems today incapable of providing a philosophy of law,32 so comparative legal studies can sometimes appear trapped within the confines either of legal history or of elegant exposition of positive laws. No doubt these limitations in outlook will surprise few, since comparative lawyers often tend to be actively involved not just in the pursuit of knowledge of other legal systems, together with the linguistic demands that such pursuits require from the diligent researcher, but in the activities of mainstream national law as well.
The problem is one of over-complexity: there are far too many issues, disciplines and assumptions contained in the question. 20 That is to say, it must be one that the particular researcher can undertake in terms of practicability, as measured by his or her own abilities and by time and resources. For example, asking a question such as: do all the social systems of the world share a common idea of contract (or ownership or whatever)? This kind of question can only be answered if the researcher has unlimited time and budget, and an extraordinary ability to read a huge range of languages.
This is not easily acquired and takes time to develop. 16 Can links be made between the different ideas and can the ideas themselves be followed to see where they might lead? For example the researcher who is focusing on one aspect of contract—say formation or change of circumstances—cannot focus just on the literature concerning this particular topic. A micro-comparison will always involve a knowledge of the literature at a macro-level (see Chapter 3); and so if the comparison on this aspect of contract is to be, for example, between Germany and England the researcher will need to expand the literature review at least to the level of German and English law in general.