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7 - Qualitative Fieldwork

from Part I - Methods of Comparative Law

Published online by Cambridge University Press:  26 January 2024

Mathias Siems
Affiliation:
European University Institute, Florence
Po Jen Yap
Affiliation:
The University of Hong Kong
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Summary

The use of qualitative fieldwork methods for comparative legal research has the potential to provide valuable insights into the relationships between laws and cultures across different nation-states and other socially defined spaces. Such methods also give rise to a wide range of methodological research design issues including fieldsite selection, the development and use of comparator concepts, and the means of handling detailed contextual accounts. This chapter discusses these issues as they arise in relation to three sub-disciplinary categories: (i) traditional comparative law; (ii) socio-legal comparative law; and (iii) comparative socio-legal studies. Building on this review of comparative legal research design discussions and examples, the authors also reflect on the design for their own ongoing comparative empirical project on labour dispute resolution systems in Southeast Asia.

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Publisher: Cambridge University Press
Print publication year: 2024

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