Epistemology and Methodology of Comparative Law

Viac o knihe

This book takes a theoretical approach to comparative law, focusing on its epistemology and methodology rather than just legal doctrine. It engages in a lively discussion about the types of 'knowledge' that can be derived from comparative law and analyzes the concept of 'legal families,' questioning whether distinctions among them are necessary based on different legal areas. The essays explore the appropriate levels for conducting research—whether at a technical 'surface level,' a deeper ideological and practical level, or an intermediate level that considers socio-economic and historical contexts. One section questions how to identify and define a 'legal system,' addressing the tension between 'legal monism' and 'legal pluralism,' as well as the nature of European legal orders and sub-State systems in relation to traditional sovereign legal frameworks. The final part contemplates the feasibility and desirability of creating a common legal language, including shared principles and concepts, to be utilized in the evolving European legal landscape. Collectively, the papers aim to tackle fundamental scientific issues in comparative research that are often overlooked in existing scholarship.