An Introduction to Comparative Law Theory and Method by Geoffrey Samuel

By Geoffrey Samuel

This brief e-book on comparative legislation concept and technique is designed essentially for postgraduate study scholars whose paintings includes comparability among criminal structures. it really is, consequently, a booklet on learn tools, even though it can be of relevance to all scholars (undergraduate and postgraduate) taking classes in comparative legislations. The substance of the publication has been built over decades of training common concept of comparative legislation, totally on the ecu Academy of criminal concept application in Brussels, but additionally on different courses in French, Belgian, and English universities. it truly is debatable that there was, up to now, no unmarried introductory paintings completely dedicated to comparative legislation technique and, therefore, this e-book fills the distance. (Series: ecu Academy of felony idea - Vol. eleven)

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Interdisciplinarity 23 legal studies it will be necessary to venture outside of the comparative law literature and to look at social science (and perhaps natural science) methodology and epistemology in general. VII. INTERDISCIPLINARITY This need for an interdisciplinary approach to comparative law is one of the other points stressed by Pierre Legrand. According to this comparatist, in addition to a commitment to theory there must also be a commitment to interdisciplinarity. ’ Consequently ‘the comparatist must realize that she can learn much that is of direct relevance to her work from anthropology’.

Two answers (at least) emerge. The system has as its function the general function of providing information to the users of the mountain passes; the pyramid, however, has as its own particular function to inform users that the path is safe. 56 For example if one asks what is the function of a carburettor, the immediate response is to say that it controls the flow of petrol. However a carburettor is part of a system that makes up an engine, and so one can equally ask what is the function of an engine.

In his introductory book to comparative literature, Yves Chevrel says that to compare is indispensable to the progress of knowledge. 9 The ‘scientific’ aspect of this comparative process, according to Chevrel, is to be found in the way comparatists construct a space with frontiers that deliberately mark off a body, or bodies, of literature that come from ‘other’ cultures. 11 Now if one applies this approach by way of analogy to law, one can define ‘comparative law’ as a process in which the comparatist takes several objects in order to study them within a ‘scientific’ framework in which the object or element being studied is viewed in terms of the ‘other’.

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