The Method and Culture of Comparative Law: Essays in Honour by Maurice Adams, Dirk Heirbaut
By Maurice Adams, Dirk Heirbaut
Expertise for the necessity to deepen the methodological foundations of felony examine is simply fresh. a similar is right for comparative legislation, through nature a extra adventurous department of criminal learn, that is frequently whatever researchers easily do, at any time when they appear at international criminal structures to respond to a number of of quite a number questions on legislation, even if those questions are doctrinal, monetary, sociological, and so forth. Given the variety of comparative examine tasks, the right contours of the equipment hired, or the epistemological matters raised by way of them, are to a good volume a functionality of the character of the learn questions requested. for that reason, the hunt for a special, one-size-fits-all comparative legislation technique is not likely to be fruitful. That, besides the fact that, does not make mirrored image at the technique and tradition of comparative legislation meaningless. Mark Van Hoecke has, all through his profession, been attracted to many subject matters, yet felony concept, comparative legislations, and technique of legislations stand out. construction upon Van Hoecke's paintings, this festschrift brings jointly many authors operating on the crossroads of those subject matters: the method of comparative legislation.
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Extra resources for The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke
Paris, Éditions de l’École des Hautes Études en Sciences Sociales, 2006). ’ (2012) 32 Legal Studies 448. 20 Atias (1994), above n 6, 93–103. 21 L Soler, Introduction à l’épistémologie (Paris, Ellipses, 2000) 43–45. 22 D Lloyd and M Freeman, Lloyd’s Introduction to Jurisprudence, 8th edn (London, Sweet & Maxwell, 2008) 307–08. 23 M Troper, La philosophie du droit (Paris, Presses Universitaires de France, 2003) 38. 24 cf Atias (1994), above n 6. What is Legal Epistemology? 25 A descriptive epistemology of law cannot, in other words, ignore notions that have been and are used by lawyers in such a conceptual and instrumental way.
As for historical jurisprudence, it has remained both discredited and largely ignored since the nineteenth century,47 although by deﬁnition natural law theory tends to have something of a historical dimension, given its association with the expression ius naturale and with the jurisprudential schools of the past. Legal positivism, in contrast, is (or was) regarded as scientiﬁc and thus ahistorical. Indeed, why should the positivist study old law? 48 The importance of these two scholars was that they presented a historical vision that was very much at odds with the traditional linear and progressive view of the development of scientiﬁc knowledge.
One reason for this difﬁculty is the ﬂexibility of this latter category, which can easily be expanded to embrace questions about the nature and validity of knowledge. 28 Within the discipline of law there has been a marked shift in the content of the common law jurisprudence course during the twentieth century, which perhaps indicates a rethinking of the scope of what amounts to legal philosophy. 29 The emphasis today is on philosophical theories, with considerable space being devoted, ﬁrst, to particular individual philosophers, like Kelsen, Hart and Dworkin, and, secondly, to certain Anglo-American schools, like realism, critical legal studies and feminist jurisprudence.