Suchergebnisse

Problems and promises of comparative law --Asking the right question --What is 'Comparison'? --Functional method --Alternatives to functionalism --Structural method --Hermeneutical method --What is 'law' (1)? --What is law (2)? --Paradigm orientations --Concluding remarks:A methodological road map?

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.

AbstractThis article conducts an analytical review of the works of three prominent Thai comparative law professors: Professor Preedee Kasemsup, Professor Phijaisakdi Horayangkura and Professor Sanunkorn Sotthibandhu. Although influential in Thailand, their works are mostly in Thai and therefore have received little academic attention outside the kingdom. The authors argue that the works of these scholars have the potential to shine new light on comparative law theory and bring voices from the Global South to add fresh perspectives and contexts to a discipline dominated by scholars from the Global North. Moreover, this examination highlights the challenges that comparative law faces in freeing itself from this hegemony when using internally developed concepts and modes of questioning.

This contribution is a review of the research handbook in comparative constitutional law, titled Comparative Constitutional Theory edited by Gary Jacobsohn and Miguel Schor. It was published in 2018 by Edward Elgar Publishing. Every law library worthy of the name should acquire it for the benefit of constitutional scholars and advanced students of constitutional comparison.

Introduction -- The comparative legal method -- Common law and civil law -- Mapping the world's legal systems -- The diffusion of legal traditions -- Postmodern comparative law -- Socio-legal comparative law -- Numerical comparative law -- Empirical comparative law -- Legal transplants and convergence -- Comparative regional and international law -- From transnational law to global law -- Comparative law and development -- Implicit comparative law -- Reflections and outlook.

"This book presents a fresh contextualised and cosmopolitan perspective on comparative law for both students and scholars. It critically discusses established approaches to comparative law, but also presents more modern ones, such as socio-legal and numerical comparative law. Its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law"--