Epistemology and Methodology of Comparative Law
Edited by Mark van Hoecke
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Epistemology and Methodology of Comparative Law by Mark van Hoecke
Book DescriptionWhereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.
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Book DetailsISBN: 9781841134437
(234mm x 156mm x 32mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 1-May-2004
Country of Publication: United Kingdom
Books By Author Mark van Hoecke
Methodologies of Legal Research, Paperback (May 2013)
This book explores questions about the coverage and identity of legal research in terms of its expansion to an interdisciplinary field.
Objectivity in Law and Legal Reasoning, Hardback (January 2013)
This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the 21st century.
Law as Communication, Hardback (October 2002)
This book argues that our conception of the legal system should be based on a pluralist and communicative approach.
Harmonisation of European Private Law, Hardback (October 2000)» View all books by Mark van Hoecke
This volume centers upon debates about European legal integration, and, more generally, about the methodology of comparative law.
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Author Biography - Mark van Hoecke
Mark Van Hoecke is Professor of Law and Jurisprudence at the Katholieke Universiteit Brussel and co-director of the European Academy of Legal Theory in Brussels.
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