New PDF release: An Introduction to Comparative Law Theory and Method

By Geoffrey Samuel

ISBN-10: 1849466432

ISBN-13: 9781849466431

This brief booklet on comparative legislation conception and approach is designed essentially for postgraduate learn scholars whose paintings contains comparability among criminal platforms. it truly is, for that reason, a ebook on examine equipment, even though it can also be of relevance to all scholars (undergraduate and postgraduate) taking classes in comparative legislation. The substance of the e-book has been constructed over decades of training basic conception of comparative legislation, totally on the eu Academy of criminal thought software in Brussels, but additionally on different courses in French, Belgian, and English universities. it truly is controversial that there was, up to now, no unmarried introductory paintings completely dedicated to comparative legislation technique and, hence, this publication fills the distance. (Series: ecu Academy of felony concept - Vol. eleven)

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Additional info for An Introduction to Comparative Law Theory and Method

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The term is too vague to be of any value in a research project. At the other extreme a question can be too complex, if in order to give it a comprehensive answer it requires the researcher to become too involved in a range of subjects, methods and philosophies all operating at different 17 18 19 Quivy and Van Campenhoudt (1995: 24). Ibid: 25. Ibid: 26. 32 Asking the Right Question levels. For example the following question would be one that is far too complex. Does the law of trusts in England and its functional equivalents in Germany facilitate the maintenance of tax privileges amongst particular social groups while at the same time increasing the risk of discriminating against other social minority groups in relation not only to their nonpecuniary contributions with respect to trust property, but also to their activities in lobbying for better social conditions?

As for ‘comparison’ itself, what actually does it involve and what is it capable of achieving in terms of the advancement of knowledge? These questions suggest that any definition should, perhaps, be approached, first of all, by a discussion of what comparative law is not. 4 Of course, in order to undertake comparison in law it is necessary to have knowledge of at least one other system, yet such knowledge, as vital as it is, does not of itself constitute the foundation of comparative legal studies.

Or, put another way, the cases can all be reduced to symbolic knowledge, to linguistic propositions. 40 In England, in contrast, a government body is seen simply as an ordinary persona with its own individual interest to protect. Consequently those who wish to protect themselves against the risks of activities should obtain private insurance cover and seek to shift the burden onto an actor only when the latter has behaved wrongfully. Evidently there is here a difference of ideology. 2: Constructing Facts (1) 37 38 39 40 41 42 43 Read v J Lyons & Co [1947] AC 156.

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An Introduction to Comparative Law Theory and Method by Geoffrey Samuel


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