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Methodology and Epistemology of Comparative Law: A Variety of Methods and Schools

This book identifies best practices to successfully venture into the world of comparative legal analysis, whether it be in private practice, the public sector, or academia.
Publication Language: English
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$125.00
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Softcover | 292 pages

This Product is on PreOrder
Published: November 29, 2024
ISBN/ISSN: 9780433534471

Product description

Methodology and Epistemology of Comparative Law: A Variety of Methods and Schools identifies best practices to successfully venture into the world of comparative legal analysis, whether it be in private practice, the public sector, or academia.

The text explores the origins and objectives of comparative law and explains the different levels of legal comparison. It then reviews the schools and methods that are currently in use worldwide. After illustrating the methods developed by a variety of comparatists, the author then proposes a new approach: decolonization of the law. Finally, a step-by-step roadmap is provided to assist the reader in formulating a structured comparative research project, allowing them to reach the objectives initially developed.

This comprehensive text is the product of years of research and teachings in Canada, at the Max Planck Institute for Comparative and International Private Law in Hamburg (Germany), as well as at the Universities of Doshisha (Japan), Padua (Italy), Helsinki (Finland), Oslo (Norway), and many Latin-American Universities in Colombia, Costa Rica, Ecuador and Mexico. This book therefore offers a pluralistic, diverse, and multicultural perspective on comparative law.

 

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Table of contents

 Preface

Introduction

Chapter 1: Epistemology and Methodology of Comparative Law

Chapter 2: Different Levels of Legal Comparison

Chapter 3: Functional Method (German School)

Chapter 4: Structural Method (Italian School)

Chapter 5: Interdisciplinary Method in Comparative Law (Nordic School)

Chapter 6: Decolonial Comparative Law’s Method (Global South School)

Chapter 7: Other Methodological or Alternative Approaches

Chapter 8: Step-by-Step Roadmap: How to Compare?

Conclusion

References

List of Figures

Index