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Practice and Theory in Comparative Law

$129.00 (C)

M. Adams, J. Bomhoff, C. Valcke, J. Komárek, G. Dannemann, D. J. Gerber, M. Claes, M. de Visser, J. M. Smits, P. Zumbansen, F. Schauer, A. Meuwese, M. Versteeg, J. De Coninck, M. Adams, J. Griffiths, K. Lemmens
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  • Date Published: August 2012
  • availability: Available
  • format: Hardback
  • isbn: 9781107010857

$ 129.00 (C)
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About the Authors
  • 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.

    • Combines theoretical insights with practical relevance in the domain of comparative law and legal research, making this a useful reference for readers interested in both practical projects and critical reflection
    • Comes at a time of renewed interest in legal research methodology, comparative legal scholarship and transnational law
    • Bridges the gap between theory and practice in comparative and transnational law literatures
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    Product details

    • Date Published: August 2012
    • format: Hardback
    • isbn: 9781107010857
    • length: 354 pages
    • dimensions: 229 x 152 x 24 mm
    • weight: 0.69kg
    • contains: 2 b/w illus. 3 maps
    • availability: Available
  • Table of Contents

    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.

  • Editors

    Maurice Adams, Universiteit van Tilburg, The Netherlands
    Maurice Adams is Professor of General Jurisprudence at Tilburg University, The Netherlands, and Professor of Comparative Law at the University of Antwerp, Belgium.

    Jacco Bomhoff, London School of Economics and Political Science
    Jacco Bomhoff is Lecturer in Law at the London School of Economics and Political Science.

    Contributors

    M. Adams, J. Bomhoff, C. Valcke, J. Komárek, G. Dannemann, D. J. Gerber, M. Claes, M. de Visser, J. M. Smits, P. Zumbansen, F. Schauer, A. Meuwese, M. Versteeg, J. De Coninck, M. Adams, J. Griffiths, K. Lemmens

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