Introducing a critical practice of comparative law

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Chapter 1 in Comparative Law, 2024, pp 1-23 from Edward Elgar Publishing

Abstract: This comprehensive chapter explores the theory and practice of legal comparisons, focusing on developing a comparative law textbook for engaging students in understanding a plurality of legal systems through thick descriptions. A three-step approach influenced by mainstream methods, critical thinking, and problem-oriented moves is adopted so as to uncover legal and non-legal layers beyond each case. Emphasizing practical examples in various doctrinal fields, the book critiques mainstream approaches, delves into critical turns, and examines the ethical implications of comparing foreign laws. It provides an overview of mainstream methods, including taxonomies and functionalism, and advocates a bricolage approach connecting mainstream and critical methods through a spectrum, layered, and transfers approach to legal problems.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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