By Geoffrey Samuel
This brief ebook on comparative legislations idea and approach is designed essentially for postgraduate examine scholars whose paintings includes comparability among felony platforms. it really is, consequently, a e-book on study equipment, even though it may also be of relevance to all scholars (undergraduate and postgraduate) taking classes in comparative legislations. The substance of the ebook has been built over a long time of training common conception of comparative legislations, totally on the eu Academy of criminal conception application in Brussels, but in addition on different courses in French, Belgian, and English universities. it really is debatable that there was, to this point, no unmarried introductory paintings completely dedicated to comparative legislation technique and, therefore, this booklet fills the space. (Series: ecu Academy of criminal thought - Vol. eleven)
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And he continues: After all, what is anthropology if not the study of foreign cultures? And, what does comparative legal studies address if not the study of foreign legal cultures? Legrand then goes on to say: Similarly, the comparatist must accept that she can learn much from linguistics, specifically from studies devoted to bilingualism. Indeed, what does bilingualism involve if not the apprenticeship of a foreign language? And, what does comparative legal studies address if not the apprenticeship of a foreign legal language?
Thirdly, however, this presumption of similarity versus that of difference is not a clash of two methodological absolutes. 15 Comparison may thus involve a continual movement between ‘levels of comparison’, these levels perhaps depending upon a third object of comparison. Thus the fundamental differences between a French and an English object might weaken in the face of comparison of these two with a Chinese object. The second fundamental question that arises out of ‘comparative law’ focuses on the second word.
That is to say that the existing literature presents misguided perspectives or is seen as having taken a wrong direction. 11 These categories are, however, only useful starting points when it comes to a discipline like law, in that it is not always easy to assert that the literature is wrong as such. Sometimes, of course, this will be possible, even perhaps with respect to authoritative texts. Thus for example it might be possible to assert that a judge or a jurist has given a wrong interpretation of this or that law.
An Introduction to Comparative Law Theory and Method by Geoffrey Samuel