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Epistemology and Methodology of Comparative Law
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Epistemology and Methodology of Comparative Law
By
Mark van Hoecke
Description
Whereas 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.
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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