An Introduction to Comparative Law Theory and Method by Geoffrey Samuel

By Geoffrey Samuel

This brief publication on comparative legislations concept and strategy is designed basically for postgraduate examine scholars whose paintings consists of comparability among criminal platforms. it's, consequently, a e-book on examine tools, even though it can be of relevance to all scholars (undergraduate and postgraduate) taking classes in comparative legislations. The substance of the booklet has been constructed over a long time of training common concept of comparative legislation, totally on the eu Academy of felony conception application in Brussels, but in addition on different courses in French, Belgian, and English universities. it's debatable that there was, so far, no unmarried introductory paintings completely dedicated to comparative legislations method and, therefore, this booklet fills the space. (Series: eu Academy of criminal conception - Vol. eleven)

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25 Is it really serious philosophy to imply that courses on comparative law would have had a civilising influence on Napoleon or on those who took Europe into the two World Wars? 23 24 25 Legrand (1995b). Treitel (1988); Zweigert and Kötz (1998). Sacco (1991b: 2). 16 Problems and Promises of Comparative Law And even when the practical thesis is not ridiculous, it can, as Legrand has shown, often be just vacuous. Thus he has written: [C]omparative work about law has been (accurately) described as ‘voluminous, obsessively repetitious, and sterile—a literature that feeds and grows, like a psychic cancer, upon logical classification and reclassification and technical refinement and sub-refinement, without limit and with a minimum of external reference and relevance’.

See eg Pheby (1988). Desjeux (2004). Popper (1959). And see Pheby (1988: 22–36). 24 Problems and Promises of Comparative Law be disassociated. 61 Indeed some comparatists like Annelise Riles are beginning to question the whole idea of the disciplinary and interdisciplinary divide with respect to law. Instead of perceiving law as some independent phenomenon shaped by social, political and economic phenomena, it might be more accurate, she argues, to see law as actively involved in the constitution of these phenomena ‘by providing cognitive frames through which social actors, including legal and social scientific observers, apprehend social realities’.

Too vague or too complex? Lacks feasability? Lacks relevancy? Lacks credibility? 2: Research Question (Quivy and Van Campenhoudt) 22 23 24 Ibid: 31. Ibid: 32. Ibid: 32–33. 34 Asking the Right Question VI. TESTING AND REFORMULATING THE RESEARCH QUESTION An originating question is not written in stone. It can and indeed should act as a vehicle for beginning an investigation, but the investigation may itself reveal that the question is unsatisfactory. If this happens, then the question can be reformulated into a more precise question or at least one that better reflects the direction of the research.

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