2015-12-01
Watch Out for the Under Toad
Publication
Publication
Role and Method of Interdisciplinary Contextualisation in Comparative Legal Research
Erasmus Law Review , Volume 8 - Issue 2 p. 65- 77
This article studies the significance of insights from non- legal disciplines (such as political science, economics, and sociology) for comparative legal research and the methodology connected with such ‘interdisciplinary contextualisation’. Based on a theoretical analysis concerning the nature and methodology of comparative law, the article demonstrates that contextualisation of the analysis of legal rules and case law is required for a meaningful comparison between legal systems. The challenges relating to this contextualisation are illustrated on the basis of a study of the judicial use of comparative legal analysis as a source of inspiration in the judgment of difficult cases. The insights obtained from the theoretical analysis and the example are combined in a final analysis concerning the role and method of interdisciplinary contextualisation in comparative legal analysis conducted by legal scholars and legal practitioners
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doi.org/10.5553/ELR.000041, hdl.handle.net/1765/79734 | |
Erasmus Law Review | |
Erasmus Law Review | |
Organisation | Erasmus School of Law |
Mak, E. (2015). Watch Out for the Under Toad. Erasmus Law Review, 8(2), 65–77. doi:10.5553/ELR.000041 |