Download e-book for iPad: An Introduction to Comparative Law Theory and Method by Geoffrey Samuel

By Geoffrey Samuel

This brief publication on comparative legislation thought and process is designed essentially for postgraduate examine scholars whose paintings includes comparability among felony platforms. it's, consequently, a publication on examine tools, even though it can also be of relevance to all scholars (undergraduate and postgraduate) taking classes in comparative legislations. The substance of the booklet has been built over decades of training normal thought of comparative legislation, totally on the ecu Academy of criminal concept software in Brussels, but in addition on different courses in French, Belgian, and English universities. it really is debatable that there was, up to now, no unmarried introductory paintings completely dedicated to comparative legislation method and, hence, this e-book fills the space. (Series: eu Academy of felony idea - Vol. eleven)

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Bell (1995a). Bell (1994). 38 Both of these cases involved actions for personal injuries against organisations acting in a public interest capacity; in France the need to prove fault would have been unnecessary, but in English law the failure to prove fault was fatal to the claims. Of course the differences of result in each country can be explained, descriptively, in terms of rules. Or, put another way, the cases can all be reduced to symbolic knowledge, to linguistic propositions. 40 In England, in contrast, a government body is seen simply as an ordinary persona with its own individual interest to protect.

31 Just as historical jurisprudence seems today incapable of providing a philosophy of law,32 so comparative legal studies can sometimes appear trapped within the confines either of legal history or of elegant exposition of positive laws. No doubt these limitations in outlook will surprise few, since comparative lawyers often tend to be actively involved not just in the pursuit of knowledge of other legal systems, together with the linguistic demands that such pursuits require from the diligent researcher, but in the activities of mainstream national law as well.

28 Cf Markesinis (2006). 30 These approaches have proved more sophisticated, in that they have at least escaped from legitimating theories focusing on legal formalism or upon trite humanitarian goals. 31 Just as historical jurisprudence seems today incapable of providing a philosophy of law,32 so comparative legal studies can sometimes appear trapped within the confines either of legal history or of elegant exposition of positive laws. No doubt these limitations in outlook will surprise few, since comparative lawyers often tend to be actively involved not just in the pursuit of knowledge of other legal systems, together with the linguistic demands that such pursuits require from the diligent researcher, but in the activities of mainstream national law as well.

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