Comparing Comparative Law
1st Edition
Published on 26. January 2017
Book
Paperback/Softback
220 pages
978-3-7255-8633-2 (ISBN)
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Article is exhausted; no reprint
Description
The aim of this volume is to compare how we do comparative law. So-doing, it contributes to discussions in the theory of comparative law. It does not proceed in the usual way, however, but adopts a comparative, inclusive and discursive perspective.
More specifically, the volume aims at broaching three questions: (1) what is being compared when comparing law (the object of comparison: e.g. what exactly among legal norms, from which legal sources and from which jurisdictions, but also maybe from which other sources of normativity outside the law?), (2) what comparing (law) means (the nature and aims of comparison: e.g. is it about understanding, interpreting, distinguishing, systematizing, justifying, criticizing and/or reforming (one's or others') law?); (3) and how comparing law works (the process of comparison; e.g. what are its methods, actors and outcomes?). Of course, the three questions are interrelated and are only separated for the sake of clarity in the discussion.
More specifically, the volume aims at broaching three questions: (1) what is being compared when comparing law (the object of comparison: e.g. what exactly among legal norms, from which legal sources and from which jurisdictions, but also maybe from which other sources of normativity outside the law?), (2) what comparing (law) means (the nature and aims of comparison: e.g. is it about understanding, interpreting, distinguishing, systematizing, justifying, criticizing and/or reforming (one's or others') law?); (3) and how comparing law works (the process of comparison; e.g. what are its methods, actors and outcomes?). Of course, the three questions are interrelated and are only separated for the sake of clarity in the discussion.