Hardback
Methods and Legal Comparison
Challenges for Methodological Pluralism
9781035308798 Edward Elgar Publishing
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.
More Information
Critical Acclaim
Contents
More Information
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.
Chapters introduce a historical perspective to provide readers with the tools for deeper comparative legal research, while also discussing the various methods of comparative law and their usefulness in legal education and research. Roberto Scarciglia outlines a detailed methodological framework for the study of complex global issues, and explores the idea that collaboration between scholars and the growing trend towards interdisciplinarity are necessary to study complex legal problems and avoid superficial comparisons.
Providing a well-rounded exploration and navigation of this important topic, this book will be an essential companion for both undergraduate and postgraduate law students. Legal scholars and practitioners will benefit from the nuanced discussion of research on different legal systems.
Chapters introduce a historical perspective to provide readers with the tools for deeper comparative legal research, while also discussing the various methods of comparative law and their usefulness in legal education and research. Roberto Scarciglia outlines a detailed methodological framework for the study of complex global issues, and explores the idea that collaboration between scholars and the growing trend towards interdisciplinarity are necessary to study complex legal problems and avoid superficial comparisons.
Providing a well-rounded exploration and navigation of this important topic, this book will be an essential companion for both undergraduate and postgraduate law students. Legal scholars and practitioners will benefit from the nuanced discussion of research on different legal systems.
Critical Acclaim
‘The very fact that there is no shortage of introductions to comparative law might prompt one to wonder whether there was a need for yet another such book. After having read Roberto Scarciglia’s new work on the topic, Methods and Legal Comparison: Challenges for Methodological Pluralism (hereinafter, ‘MLC’), the answer is a resounding “yes”. For Scarciglia’s new book is characterised by a blend of unique features that easily sets it aside from other accounts of the comparative enterprise. [...] As the title suggests, MLC’s main aim is to provide readers – specifically, “law students” (vii) – with “a basic introduction to comparative methodology and a tool for legal research” (ibid.).’
– Luca Siliquini-Cinelli, BACL blog (British Association of Comparative Law)
‘The global scholarly community has long lamented the inadequacy of methods used by comparative law scholars to analyze current legal systems and called for expanding and pluralizing the vocabularies and practices of the discipline. Professor Scarciglia’s book will be an invaluable aid to comparative law students navigating this moment of paradigm change. It offers the necessary tools, skillfully explains the relevant context, and wisely articulates guidelines for anyone who intends to embark on a journey in comparative law.’
– Annelise Riles, Northwestern Buffett Institute for Global Affairs
‘This brilliant book is an indispensable resource for exploring comparative law''s methodological frontiers with a learned and inspiring guide. It offers insightful up-to-date discussions of current approaches to the subject, making it essential reading for those seeking to deepen their understanding of the field.’
– Michele Graziadei, University of Torino, Italy
‘Comparative lawyers, and aspiring comparative lawyers, will be delighted to see the publication of Scarciglia’s new book. It introduces key methods and concepts of understanding comparative law in a global context, but it also moves comparative law in new directions as it advocates for the need for methodological pluralism in this field.’
– Mathias Siems, European University Institute, Italy
‘This book provides a reliable, concise and up-to-date introduction to comparative methodology of legal research. Building on methodological pluralism, Scarciglia shows the value of collaboration across different disciplines as a way of avoiding superficial comparisons. A must-read for anyone interested in studying law comparatively in a globalising world.’
– Jaakko Husa, University of Helsinki, Finland
– Luca Siliquini-Cinelli, BACL blog (British Association of Comparative Law)
‘The global scholarly community has long lamented the inadequacy of methods used by comparative law scholars to analyze current legal systems and called for expanding and pluralizing the vocabularies and practices of the discipline. Professor Scarciglia’s book will be an invaluable aid to comparative law students navigating this moment of paradigm change. It offers the necessary tools, skillfully explains the relevant context, and wisely articulates guidelines for anyone who intends to embark on a journey in comparative law.’
– Annelise Riles, Northwestern Buffett Institute for Global Affairs
‘This brilliant book is an indispensable resource for exploring comparative law''s methodological frontiers with a learned and inspiring guide. It offers insightful up-to-date discussions of current approaches to the subject, making it essential reading for those seeking to deepen their understanding of the field.’
– Michele Graziadei, University of Torino, Italy
‘Comparative lawyers, and aspiring comparative lawyers, will be delighted to see the publication of Scarciglia’s new book. It introduces key methods and concepts of understanding comparative law in a global context, but it also moves comparative law in new directions as it advocates for the need for methodological pluralism in this field.’
– Mathias Siems, European University Institute, Italy
‘This book provides a reliable, concise and up-to-date introduction to comparative methodology of legal research. Building on methodological pluralism, Scarciglia shows the value of collaboration across different disciplines as a way of avoiding superficial comparisons. A must-read for anyone interested in studying law comparatively in a globalising world.’
– Jaakko Husa, University of Helsinki, Finland
Contents
Contents: Preface to the English edition Introduction 1. A short history of comparative law and its methods 2. Comparative law teaching: objects and aims 3. Methods and legal comparison 4. Research question and comparative process 5. Comparison between global phenomena and legal traditions 6. Epilogue: challenges for methodological pluralism Bibliography Index
