By Geoffrey Samuel
This brief ebook on comparative legislations thought and strategy is designed essentially for postgraduate study scholars whose paintings comprises comparability among felony structures. it's, for that reason, a ebook on study equipment, even though it can also be of relevance to all scholars (undergraduate and postgraduate) taking classes in comparative legislations. The substance of the ebook has been constructed over decades of educating common thought of comparative legislations, totally on the ecu Academy of criminal idea software in Brussels, but additionally on different courses in French, Belgian, and English universities. it's debatable that there was, so far, no unmarried introductory paintings solely dedicated to comparative legislations method and, therefore, this publication fills the distance. (Series: eu Academy of criminal thought - Vol. eleven)
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Additional resources for An Introduction to Comparative Law Theory and Method
Indeed, because it is a comparative project, the researcher will need to go beyond even this level (see Chapter 8). In short, it is about being scholarly in the approach to the literature review. A literature review is, then, more than just a mere listing and description of the books and articles on a specific topic. The contents of the books and articles are to be studied and analysed, so as to bring out the various methods used by the authors in each text. But the reviewer needs to be aware of the methods he or she is going to use when engaging with the literature under review.
A number of responses can be made. First, comparison allows one to assess the objects of comparison in terms of elucidating information that is relative as between the two objects. Thus one can compare, say, a chocolate bar with an apple in order to determine which of the two foods has more calories, vitamins and so on. One can compare two routes in order to elucidate distance and scenic value as between the two of them. 12 Secondly, there are presumptions that underpin the comparison. ) different way?
A micro-comparison will always involve a knowledge of the literature at a macro-level (see Chapter 3); and so if the comparison on this aspect of contract is to be, for example, between Germany and England the researcher will need to expand the literature review at least to the level of German and English law in general. The researcher will need to inform himself on the German and English legal mentalities (Chapter 7). Indeed, because it is a comparative project, the researcher will need to go beyond even this level (see Chapter 8).
An Introduction to Comparative Law Theory and Method by Geoffrey Samuel