Practice and Theory in Comparative Law

doi:10.1017/CBO9780511863301

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.

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Contents

Practice and Theory in Comparative Law - Half title page
pp i-ii
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Practice and Theory in Comparative Law - Title page
pp iii-iii
- By Maurice Adams, Jacco Bomhoff
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Copyright page
pp iv-iv
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Contents
pp v-vi
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Contributors
pp vii-viii
- By Maurice Adams, Jacco Bomhoff, Monica Claes, Julie De Coninck, Gerhard Dannemann, David J. Gerber, John Griffiths, Jan Komárek, Koen Lemmens, Anne Meuwese, Frederick Schauer, Jan M. Smits, Catherine Valcke, Mila Versteeg, Maartje De Visser, Peer Zumbansen
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Acknowledgments
pp ix-x
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1 - Comparing law: practice and theory
pp 1-21
- By Maurice Adams, Jacco Bomhoff
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2 - Reflections on comparative law methodology – getting inside contract law
pp 22-48
- By Catherine Valcke
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3 - Reasoning with previous decisions
pp 49-73
- By Jan Komárek
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4 - Comparing legal argument
pp 74-95
- By Jacco Bomhoff
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5 - In search of system neutrality: methodological issues in the drafting of European contract law rules
pp 96-119
- By Gerhard Dannemann
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6 - Comparative law and global regulatory convergence: the example of competition law
pp 120-142
- By David J Gerber
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7 - Reflections on comparative method in European constitutional law
pp 143-169
- By Monica Claes, Maartje de Visser
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8 - Rethinking methods in European private law
pp 170-185
- By Jan M. Smits
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9 - Transnational comparisons: theory and practice of comparative law as a critique of global governance
pp 186-211
- By Peer Zumbansen
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10 - Comparative constitutional compliance: notes towards a research agenda
pp 212-229
- By Frederick Schauer
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11 - Quantitative methods for comparative constitutional law
pp 230-257
- By Anne Meuwese, Mila Versteeg
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12 - Comparisons in private patrimonial law: towards a bottom-up approach using (cross-cultural) behavioural economics
pp 258-278
- By Julie de Coninck
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13 - Against ‘comparative method’: explaining similarities and differences
pp 279-301
- By Maurice Adams, John Griffiths
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14 - Comparative law as an act of modesty: a pragmatic and realistic approach to comparative legal scholarship
pp 302-326
- By Koen Lemmens
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Index
pp 327-342
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Practice and Theory in Comparative Law

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Contents

Practice and Theory in Comparative Law - Half title page
pp i-ii

Practice and Theory in Comparative Law - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

Contributors
pp vii-viii

Acknowledgments
pp ix-x

1 - Comparing law: practice and theory
pp 1-21

2 - Reflections on comparative law methodology – getting inside contract law
pp 22-48

3 - Reasoning with previous decisions
pp 49-73

4 - Comparing legal argument
pp 74-95

5 - In search of system neutrality: methodological issues in the drafting of European contract law rules
pp 96-119

6 - Comparative law and global regulatory convergence: the example of competition law
pp 120-142

7 - Reflections on comparative method in European constitutional law
pp 143-169

8 - Rethinking methods in European private law
pp 170-185

9 - Transnational comparisons: theory and practice of comparative law as a critique of global governance
pp 186-211

10 - Comparative constitutional compliance: notes towards a research agenda
pp 212-229

11 - Quantitative methods for comparative constitutional law
pp 230-257

12 - Comparisons in private patrimonial law: towards a bottom-up approach using (cross-cultural) behavioural economics
pp 258-278

13 - Against ‘comparative method’: explaining similarities and differences
pp 279-301

14 - Comparative law as an act of modesty: a pragmatic and realistic approach to comparative legal scholarship
pp 302-326

Index
pp 327-342

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