By Geoffrey Samuel
This brief ebook on comparative legislation idea and technique is designed essentially for postgraduate learn scholars whose paintings comprises comparability among criminal platforms. it really is, therefore, a e-book on study tools, even though it can also be of relevance to all scholars (undergraduate and postgraduate) taking classes in comparative legislations. The substance of the publication has been constructed over decades of educating basic conception of comparative legislations, totally on the ecu Academy of criminal conception application in Brussels, but additionally on different courses in French, Belgian, and English universities. it really is debatable that there was, so far, no unmarried introductory paintings completely dedicated to comparative legislation method and, hence, this e-book fills the space. (Series: ecu Academy of criminal conception - Vol. eleven)
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Extra resources for An Introduction to Comparative Law Theory and Method
Thus the conclusion to any research project in comparative law should be one that is obtainable only through the bringing together of two or more objects of comparison and consequently the research question should reflect this necessity. II. LITERATURE REVIEW AND THE RESEARCH QUESTION A second general point is that it will probably not be possible to frame a research question without undertaking some serious preliminary reading and research. The researcher will need to undertake a literature review.
In order to fulfil the former criterion, the reviewer will need to demonstrate how the literature relates one piece 5 6 Ibid: 26–27. Locke and Golden-Biddle (1997). 28 Asking the Right Question to another. Is there a coherence to be found in the literature being reviewed and, if so, is this coherence one of which all the writers in the area are aware? In comparative legal studies the importance of interdisciplinarity has already been stressed, and so it could well be that researchers working in different fields are unaware that the work points to common ideas that have not been explored (synthesised coherence).
One reason for this is that more general methodological issues, from both the natural and the social sciences, are intimately bound up with method questions in comparative law. An attempt will of course be made to provide a coherent account of methods in subsequent chapters; for the present, however, it might be worth mentioning that method not only cannot be easily separated from theory of knowledge (epistemological) issues, but also probably needs to be understood through the idea that they operate at different levels.