The Method and Culture of Comparative Law : Essays in Honour of Mark Van Hoecke

Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels. Awareness Of The Need To Deepen The Method And Methodology Of Legal Research Is Only Recent. The Same Is True For Comparative Law, By Nature A More Adventurous Branch Of Legal Research, Which Is Often Something Researchers Simply Do Whenever They Look At Foreign Legal Systems To Answer One Or More Of A Range Of Questions About Law, Whether These Questions Are Doctrinal, Economic, Sociological, Etc. Given The Diversity Of Comparative Research Projects, The Precise Contours Of The Methods Employed, Or The Epistemological Issues Raised By Them, Are To A Great Extent A Function Of The Nature Of The Research Questions Asked. As A Result, The Search For A Unique, One-size-fits-all Comparative Law Methodology Is Unlikely To Be Fruitful. That, However, Does Not Make Reflection On The Method And Culture Of Comparative Law Meaningless. Mark Van Hoecke Has, Throughout His Career, Been Interested In Many Topics, But Legal Theory, Comparative Law And Methodology Of Law Stand Out. Building Upon His Work, This Book Brings Together A Group Of Leading Authors Working At The Crossroads Of These Themes: The Method And Culture Of Comparative Law.-- Prolegomena To The Method And Culture Of Comparative Law / Maurice Adams And Dirk Heirbaut -- What Is Legal Epistemology? / Geoffrey Samuel -- Comparative Law As Method And The Method Of Comparative Law / Jaap Hage -- Research Designs Of Comparative Law : Methodology Or Heuristics? / Jaakko Husa -- Law As Translation / François Ost -- Controlled Comparison And Language Of Description / Maurice Adams -- Three Functions Of Function In Comparative Legal Studies / Catherine Valcke And Mathew Grellette -- Comparative Law And Legal History : A Few Words About Comparative Legal History / Martin Löhnig -- Comparative Contexts In Legal History : Are We All Comparatists Now? / Heikki Pihlajamäki -- The Curious Case Of Overfitting Legal Transplants / Mathias M Siems -- 'ius Commune', Comparative Law And Public Governance / Alain Wijffels -- Things Being Various : Normativity, Legality, State Legality / Seán Patrick Donlan -- Against Method? / H. Patrick Glenn -- Comparatively Speaking : 'law In Its Regulatory Environment' / Roger Brownsword -- The Importance Of Institutions / John Bell -- Live And Let Die : An Essay Concerning Legal-cultural Understanding / Jørn Øyrehagen Sunde -- Policy And Politics In Contract Law Reform In Japan / Souichirou Kozuka And Luke Nottage -- The Eurocrises And What Socio-legal Studies Could Do About Them, Or: Comparing European Pluralisms From Legal Cultural Approaches / Joxerramon Bengoetxea -- Comparing The Legitimacy Of Constitutional Court Decision-making : Deliberation As Method / Toon Moonen -- Making The Case For European Comparative Legal Studies In Public Law / Susan Millns -- Comparative Law And Eu Legislation : Inspiration, Evaluation Or Justification? / Rob Van Gestel And Hans-w Micklitz. Edited By Maurice Adams And Dirk Heirbaut. Includes Bibliographical References And Index. Awareness for the need to deepen the methodological foundations of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That, however, doesn't make reflection on the methodology and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law, and methodology of law stand out. Building upon Van Hoecke's work, this festschrift brings together many authors working at the crossroads of these themes: the methodology of comparative law. Mark Van Hoecke is particularly interested in legal theory, comparative law and methodology of law. This book brings together a group of leading authors working at the crossroads of these themes: the methodology of comparative law.