By Professor Maurice Adams, Jacco Bomhoff
What does doing comparative legislation contain? Too frequently, specific methodological discussions in comparative legislation stay constrained to the extent of natural conception, neglecting to check out opinions and suggestions on concrete matters. This publication bridges this hole among idea and perform in comparative criminal stories. Essays by means of either validated and more youthful comparative legal professionals think of the methodological demanding situations bobbing up of their personal paintings and in paintings of their region. Taken jointly, they give transparent concepts for, and significant mirrored image on, a variety of cutting edge comparative examine initiatives.
Read Online or Download Practice and Theory in Comparative Law PDF
Similar comparative books
Financial Integration in East Asia (Trade and Development)
Monetary Intergration in East Asia explains the various tools economists use to evaluate how open a country's economy is to household and foreign affects, and applies those exams to 10 international locations in East Asia. It explains how a rustic that has an open economy differs from one who is managed.
Unstable Constitutionalism: Law and Politics in South Asia
Even though the sphere of constitutional legislations has turn into more and more comparative in recent times, its geographic concentration has remained restricted. South Asia, regardless of being the location of the world's greatest democracy and a colourful if turbulent constitutionalism, is among the vital overlooked areas in the box.
Community Care for Older People: A Comparative Perspective
This available textbook compares ways that uncomplicated elements of group care are funded, organised and supplied by means of governmental and non-governmental organizations, permitting practitioners and policy-makers to benefit from the studies in their opposite numbers in Europe and North the US.
- Comparative Mechanisms of Cold Adaptation
- Comparative Risk Assessment: Concepts, Problems and Applications
- Electoral Systems: A Theoretical and Comparative Introduction (Theory and Practice in British Politics)
- International and Comparative Criminal Justice and Urban Governance: Convergence and Divergence in Global, National and Local Settings
Extra resources for Practice and Theory in Comparative Law
Example text
5). 44 See text immediately following note 36 above. 45 This corresponds to what Gessner, Hoeland, and Varga have described as an investigation of the legal culture from the perspective of the ‘non-institutional’ legal actors: V. Gessner, A. Hoeland and C. Varga, European Legal Cultures (Aldershot: Ashgate, 1996), pp. 245ff. 46 In Bodum USA c. La Cafeti`ere, Inc. (No. 09–1892, 2 septembre 2010), the Federal Court of Appeals for the 7th Circuit had to interpret some French legal materials dealing with the relevance of pre-contractual documents in the interpretation of commercial contracts.
38 catherine valcke sound. 42 Upon first impression, one might accordingly legitimately query whether it would not have been wiser (more ‘scientific’) to use the same, intellectual or political, basis for both accounts. For a very different account of the French law might have emerged had I focused on the political compromises that marked the enactment of the French civil code rather than Descartes’s writings on mind and matter. And the English account similarly might have looked very different than it did, and much more similar to the French, had it centred on the scholarly contributions of Bentham and Hume rather than the political battles that fomented English legal institutions.
She turns to cross-cultural behavioural economics to develop ‘empirically underpinned standards of comparison’. Like Schauer and Meuwese and Versteeg, she is interested in investigating comparing law: practice and theory 21 questions that comparative legal scholars tend to ignore; in her case, the empirical validation of working assumptions as to individual behaviour across different cultures, and the precise role of ‘culture’ in the legal domain. Her contribution contains a concise introduction to crosscultural behavioural sciences and their potential relevance to the comparative study of law.