This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.
This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.
1. Problems and Promises of Comparative Law
2. Asking the Right Question
3. What is ‘Comparison’?
4. Functional Method
5. Alternatives to Functionalism
6. Structural Method
7. Hermeneutical Method
8. What is ‘Law’ (1)?
9. What is Law (2)?
10. Paradigm Orientations
Geoffrey Samuel, MA, LLB, PhD (Cantab), Dr (Maastricht) Dr (honoris causa) (Nancy 2), has been Professor of Law at Kent Law School since 1997 and is a Professor affilié in the École de Droit, Sciences-Po, Paris since 2012. He is, or has been, a Visiting professor at the Universities of Dijon, Nancy, Paris I and Paris II, Zaragoza, Sciences-Po, Lille, Bordeaux, Littoral, Fribourg, Auckland, Corsica and Aix-en-Provence.
This is an ambitious project by Geoffrey Samuel and one that
hopefully exposes more scholars and students to the variety of
methodological and theoretical approaches of comparative law and
comparative legal theory…The potential methodological framework
through the ten dichotomies in the concluding remarks provides an
excellent road map for issues that researchers should keep in mind
when embarking on a comparative legal theory project…For those who
are in the target audience and are interested in questions about
comparative law and legal theory, this text should be a welcome
resource.
*Law and Politics Book Review*
This volume is...a recapitulation of the reflection carried out by
one of the most renowned, critical and thoughtful scholars in the
field...this book is certainly a must read.
*The Rabel Journal of Comparative and International Private
Law*
The author provides a short introduction to various models by which
law is conceptualised, mostly by works of jurisprudence and
sociology of law, from the rule model to the system model, and the
fundamental dichotomies dividing them, showing how problematic it
is to subscribe to any of them. (...) As comparative law studies
move onward, the map that Samuel unfolds on the table will have to
be expanded, but without it much would not be known, understood or
perhaps even noticed.
*Zeitschrift fur Europaisches Privatrecht*
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