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.

Show description

Read or Download The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke PDF

Similar comparative books

Comparative Survey of Securities Laws: A review of the securities and related laws of fourteen nations

The part on company legislation of the foreign Bar organization is tremendously indebted to the Editor, J. Michael Robinson and to John Gauntlett, the Chairman of the Committee on concerns and buying and selling in Securities, and his Vice­ Chairmen, Blaise Pasztory, Robert Briner and the individuals of the Committee who've contributed, for his or her joint efforts in getting ready this ftrst e-book in their committee.

The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke

Understanding for the necessity to deepen the methodological foundations of criminal examine is just contemporary. a similar is correct for comparative legislation, via nature a extra adventurous department of criminal examine, that is usually anything researchers easily do, every time they appear at overseas felony structures to respond to a number of of a number questions on legislation, even if those questions are doctrinal, fiscal, sociological, and so on.

COMECON Data 1990

This guide of statistical facts at the economies of japanese Europe, together with Yugoslavia and the Soviet Union covers such themes as distribution and construction, overseas alternate and indebtedness, household finance, strength families and criteria of residing.

Extra resources for The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke

Example text

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.

Download PDF sample

Rated 4.66 of 5 – based on 50 votes