Interdisciplinary Comparative Law

Interdisciplinary Comparative Law
Author: Jaakko Husa
Publisher: Edward Elgar Publishing
Total Pages: 256
Release: 2022-05-17
Genre: Comparative law
ISBN: 9781802209778

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Comparative law scholars have long recognised the importance of looking beyond legal texts and incorporating interdisciplinary methods into the study of law, yet in practice such use of non-legal methods has remained modest. Interdisciplinary Comparative Law illuminates why the doctrinal approach to legal research has retained its strong position, offering a critical analysis of the difficulties of interdisciplinarity. Incisive and ambitious in scope, the book highlights why the comparative study of law benefits from employing the methods of other disciplines. Chapters explore the various ways in which different fields can learn from each other, taking a deep dive into the respective studies of legal history, linguistics, literature, economics, social theory, and international law. The result is a vibrant cross-section of the contrasts and parallels between the practices of law and other areas of research, demonstrating which are the easiest for comparatists to grasp and implement, and which present obstacles for the application of non-legal methods. This cutting-edge book is an essential read for advanced students and scholars of law and legal studies. Its diagnosis of interdisciplinarity as both a boon and bane in the study of law will be of especial interest to comparative law scholars.

Interdisciplinary Perspectives on International Law and International Relations

Interdisciplinary Perspectives on International Law and International Relations
Author: Jeffrey L. Dunoff
Publisher: Cambridge University Press
Total Pages: 697
Release: 2013
Genre: Law
ISBN: 1107020743

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Influential writers on international law and international relations explore the making, interpretation and enforcement of international law.

Interdisciplinary Study and Comparative Law

Interdisciplinary Study and Comparative Law
Author: Nicholas H. D. Foster
Publisher: Wildy, Simmonds & Hill Publishing
Total Pages: 0
Release: 2016
Genre: Comparative law
ISBN: 9780854902101

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This book, which is dedicated to the memory of distinguished scholar Professor Simon Roberts, is a collection of essays exploring themes and issues in the relationship between comparative legal studies and other disciplines in the social sciences and humanities. Law does not exist in a vacuum, and an appreciation of the social, cultural and other factors affecting it may often be helpful for a sounder understanding of its nature and significance, especially when law is considered in a broader, comparative, context. Insights drawn from other disciplines may therefore be especially appropriate for comparative legal studies, but the use of those insights raises various questions, such as the manner in which other disciplines--given their own distinctive concerns and modes of analysis--characterise the nature and significance of law and legal institutions. Interdisciplinary study also encourages us to ask how cognate disciplines and their arguments are seen, used and maltreated in comparative legal studies, as well as the pitfalls which await scholars from other disciplines who venture into law. The essays in this collection offer a unique contribution to these and other aspects of the use of interdisciplinarity in comparative law. The contributors cover a broad range of disciplines and topics. Nicholas Foster, Maria Federica Moscati and Michael Palmer offer some general observations; Eric Heinze examines basic theoretical problems of comparative law by analogy to a comparative literary model; Jaakko Husa considers the nature and problems of 'Interdisciplinary Comparative Law'; Dionysia Katelouzou explores the value of quantitative methods drawn from the fields of economics and finance; Karen McAuliffe examines issues of law, language and translation; Fernanda Pirie considers the significance of historical studies for anthropological understandings of non-state law; Marian Roberts examines the influences of interdisciplinarity on the development and practice of UK family mediation; Mathias Siems speaks to the use in comparative legal studies of insights drawn from other comparative disciplines; Florian Wagner-von Papp explores issues in the relationship between comparative law and economics, while Gary Watt contrasts economics-based interdisciplinarity to the humanities approach; Simon Roberts draws on anthropological approaches to negotiation for understanding civil justice issues; and Sir Ross Cranston reflects on the value of an important area of Simon Roberts' interdisciplinary work.

Comparative Law

Comparative Law
Author: Mathias Siems
Publisher: Law in Context
Total Pages: 531
Release: 2018-04-12
Genre: Law
ISBN: 1107182417

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The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.

Interdisciplinary Comparative Law

Interdisciplinary Comparative Law
Author: Husa, Jaakko
Publisher: Edward Elgar Publishing
Total Pages: 256
Release: 2022-05-17
Genre: Law
ISBN: 1802209786

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This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful and timely book introduces an explanatory theory for surveying global and international politics. Describing the nature and effects of democracy beyond the state, Hans Agné explores peace and conflict, migration politics, resource distribution, regime effectiveness, foreign policy and posthuman politics through the lens of democratism to both supplement and challenge established research paradigms.

Comparative Methods in Law, Humanities and Social Sciences

Comparative Methods in Law, Humanities and Social Sciences
Author: Adams, Maurice
Publisher: Edward Elgar Publishing
Total Pages: 288
Release: 2021-11-19
Genre: Law
ISBN: 1802201467

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This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.

Comparative Law

Comparative Law
Author: Sean Patrick Donlan
Publisher: Routledge
Total Pages: 135
Release: 2019-12-06
Genre: Law
ISBN: 0429751419

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This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.

A Research Agenda for Comparative Law

A Research Agenda for Comparative Law
Author: Jaakko Husa
Publisher:
Total Pages: 0
Release: 2024-10-31
Genre: Law
ISBN: 9781035317493

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Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline. Chapters cover critical topics including decolonial comparative law, comparative law and cyberspace, and anthropological approaches to comparative law, ultimately constructing a theoretical framework that builds towards future potential research ventures. Editor Jaakko Husa brings together a strong collective of experts to illustrate how the plurality and interdisciplinary nature of the field does not necessarily lead researchers to a single, normative path. Legal scholars seeking new avenues for comparative law studies will find this Research Agenda highly inspiring, whilst students will also benefit from the book's leading scholarly insights.

Watch Out for the Under Toad

Watch Out for the Under Toad
Author: Elaine Mak
Publisher:
Total Pages:
Release: 2016
Genre:
ISBN:

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This article studies the significance of insights from nonlegal disciplines (such as political science, economics, and sociology) for comparative legal research and the methodology connected with such 'interdisciplinary contextualization'. Based on a theoretical analysis concerning the nature and methodology of comparative law, the article demonstrates that contextualization of the analysis of legal rules and case law is required for a meaningful comparison between legal systems. The challenges relating to this contextualization are illustrated on the basis of a study of the judicial use of comparative legal analysis as a source of inspiration in the judgment of difficult cases. The insights obtained from the theoretical analysis and the example are combined in a final analysis concerning the role and method of interdisciplinary contextualization in comparative legal analysis conducted by legal scholars and legal practitioners.