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An Introduction to Comparative Law Theory and Method by Geoffrey Samuel

By Geoffrey Samuel

This brief publication on comparative legislations conception and technique is designed basically for postgraduate study scholars whose paintings includes comparability among criminal structures. it truly is, consequently, a ebook on examine equipment, even though it may also be of relevance to all scholars (undergraduate and postgraduate) taking classes in comparative legislations. The substance of the ebook has been constructed over decades of educating normal conception of comparative legislation, totally on the ecu Academy of felony conception software in Brussels, but additionally on different courses in French, Belgian, and English universities. it really is debatable that there was, thus far, no unmarried introductory paintings completely dedicated to comparative legislation technique and, therefore, this booklet fills the space. (Series: eu Academy of criminal conception - Vol. eleven)

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26 It has to be said that in the years that have passed since this criticism was made, the quality and quantity of serious comparative work in law have improved markedly. 27 In fact there is now enough literature of quality to provide the basis for a comparative law course in itself and this is probably having an effect upon the content, aims and objectives of comparative law as a discipline. In the past, when the literature was limited in both quality and quantity, teachers of comparative law were tempted to use the subject as a means of introducing another legal system.

When one is discussing, say, induction or analogy on the one hand and for example paradigm issues on the other, one is not operating on the same level. Paradigm questions function on a much higher plane than the techniques of induction. 21 It is perhaps this intermediary level that holds the key to an understanding of methodological disputes between comparatists. Associated with these methodological issues, is a mass of concepts, schemes, ideas and images that have been employed by comparatists over the last century.

This is not easily acquired and takes time to develop. 16 Can links be made between the different ideas and can the ideas themselves be followed to see where they might lead? For example the researcher who is focusing on one aspect of contract—say formation or change of circumstances—cannot focus just on the literature concerning this particular topic. A micro-comparison will always involve a knowledge of the literature at a macro-level (see Chapter 3); and so if the comparison on this aspect of contract is to be, for example, between Germany and England the researcher will need to expand the literature review at least to the level of German and English law in general.

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