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Comparing law: practice and theory

Practice and theory
Authors: Adams, Maurice; Bomhoff, J.;

Comparing law: practice and theory

Abstract

Contemporary thinking about the role of method in comparative legal scholarship often seems trapped between two kinds of exhortations which, while both containing some measure of truth, are both also unfortunately to some extent unproductive. On one side lie complaints that ‘attempts to develop even a moderately sophisticated method of comparison’ are ‘exceedingly rare’ in comparative legal studies, with many projects apparently simply adopting an ‘anything goes’ attitude to methodological questions. On the other side, however, one finds disheartening warnings that comparison, if it is to be done well, may be so difficult as to border on the impossible. Comparatists, it seems, are told to aim higher and to despair – to try much harder, and to not even bother. This volume is the result of a collective attempt to recapture what might be called the ‘missing middle’ in methodological thinking in comparative legal scholarship. It stems from the conviction that the sheer volume of rigorous, interesting and exciting comparative scholarship produced over the past decades indicates that neither of these two assessments of the state of the discipline can be telling the whole story. But it is also born of a sense of unease with an area of scholarship in which much of the most influential work on method remains at the level of pure theory, omitting any sustained testing of its critiques and recommendations in practice, while at the same time much interesting ‘substantive’ comparative work does not make its methodological choices sufficiently clear.

Countries
Belgium, Netherlands
Keywords

Law

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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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    influence
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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
3
Average
Average
Average