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Author: Roberto Scarciglia
Publisher: Edward Elgar Publishing
ISBN: 1035308800
Category : Law
Languages : en
Pages : 239
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Book Description
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.
Author: Roberto Scarciglia
Publisher: Edward Elgar Publishing
ISBN: 1035308800
Category : Law
Languages : en
Pages : 239
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Book Description
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.
Author: Roberto. Scarciglia
Publisher: Edward Elgar Publishing
ISBN: 9781035308798
Category :
Languages : en
Pages : 0
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Book Description
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems. Chapters introduce a historical perspective to provide readers with the tools for deeper comparative legal research, while also discussing the various methods of comparative law and their usefulness in legal education and research. Roberto Scarciglia outlines a detailed methodological framework for the study of complex global issues, and explores the idea that collaboration between scholars and the growing trend towards interdisciplinarity are necessary to study complex legal problems and avoid superficial comparisons. Providing a well-rounded exploration and navigation of this important topic, this book will be an essential companion for both undergraduate and postgraduate law students. Legal scholars and practitioners will benefit from the nuanced discussion of research on different legal systems.
Author: P. G. Monateri
Publisher: Edward Elgar Publishing
ISBN: 1781005117
Category : Law
Languages : en
Pages : 339
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Book Description
Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.
Author: Maurice Adams
Publisher:
ISBN: 9781785363665
Category : Comparative law
Languages : en
Pages : 0
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Book Description
This important two-volume collection draws together the most significant and instructive articles relating to comparative law methodology and offers vast and comprehensive coverage of practices, principles, methods and sources in comparative legal research. The first volume deals with preliminary considerations such as the aims of research and the questions one should ask, as well as how to select objects for comparison and formulate a research plan. The second volume focuses on the comparative research of regulation, description, and explanation, along with discussion on functionalism, quantitative approaches, translation issues, legal transplants and global challenges. Together with an original introduction by the editors that frames the articles and helps the reader to navigate them successfully, this collection offers a balanced body of seminal research which will benefit legal scholars, students, and all who are undertaking, or seeking to evaluate, comparative legal research.
Author: Catherine Valcke
Publisher: Cambridge University Press
ISBN: 1108470068
Category : Law
Languages : en
Pages : 245
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Book Description
Reconstructs existing comparative law scholarship into a coherent analytic framework so as to both fend off current charges of theoretical arbitrariness and guide future work.
Author: P. Ishwara Bhat
Publisher: Oxford University Press
ISBN: 0199098301
Category : Law
Languages : en
Pages : 578
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Book Description
Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.
Author: Mark Van Hoecke
Publisher: Bloomsbury Publishing
ISBN: 1847317804
Category : Law
Languages : en
Pages : 320
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Book Description
Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.
Author: Adams, Maurice
Publisher: Edward Elgar Publishing
ISBN: 1802201467
Category : Law
Languages : en
Pages : 288
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Book Description
This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.
Author: Monateri, Pier
Publisher: Edward Elgar Publishing
ISBN: 1789906164
Category : Law
Languages : en
Pages : 181
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Book Description
Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law.
Author: Łucja Biel
Publisher: Routledge
ISBN: 1351031201
Category : Language Arts & Disciplines
Languages : en
Pages : 220
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Book Description
The field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement. The work presents examples of the variety of theoretical approaches which have been developed in the discipline and of the methodological sophistication which is currently being called for. In this regard, by combining different perspectives, they expand our understanding of the roles played by legal translators and interpreters, who emerge as linguistic and intercultural mediators dealing with a rich variety of legal texts; as knowledge communicators and as builders of specialised knowledge; as social agents performing a socially-situated activity; as decision-makers and agents subject to and redefining power relations, and as political actors shaping legal cultures and negotiating cultural identities, as well as their own professional identity. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
