Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-19T07:16:44.664Z Has data issue: false hasContentIssue false

2 - The ‘Comparative Method’ at the Roots of Comparative Law

from Part I - The Tradition of Comparative Law

Published online by Cambridge University Press:  10 December 2021

Helge Dedek
Affiliation:
McGill University, Montréal
Get access

Summary

In the past two decades comparative law scholars have rediscovered the importance of the debate on method. For a long time left in the background as a by-product of the old controversy on the epistemic status of the discipline, the ‘struggle for the methods’ has experienced a sudden revival. But does it really make sense to keep on engaging in a wearying confrontation among the various possible paradigms, once one recognizes that, as Patrick Glenn observed, ‘the history of comparative law is not one of adherence to a methodological norm but rather one of deviation and variety’? It makes sense, indeed, because ‘eclecticism’ as a theoretical perspective is itself the sign of the times and cannot strive for universal validity. Looking back at the history of comparative law, one is struck by the circumstance that throughout the formative era, the idea that obtained most credit in European intellectual circles was the opposite one, namely that ‘there is a comparative method’ (rectius: ‘Comparative Method’, as it was once written). This chapter is aimed at bringing back to light some distinctive traits of the original discourse on the ‘comparative method’ and highlighting the importance of the ‘scientific paradigm’ for the acceptance of comparative law as an autonomous subject of legal research.

Type
Chapter
Information
A Cosmopolitan Jurisprudence
Essays in Memory of H. Patrick Glenn
, pp. 44 - 63
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×