Table of Contents

Methods of Comparative Law

Methods of Comparative Law

Research Handbooks in Comparative Law series

Edited by Pier Giuseppe Monateri

Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the ‘comparative law and economics’ approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends.

Introduction

Pier Giuseppe Montateri

Subjects: law - academic, comparative law

Extract

Pier Giuseppe Monateri Comparative Law is rising up over its old horizon: a new presence is dispelling the shadows of the past to reveal a submerged bulk of buried cultural secrets. This evocative gothic image is intended to celebrate the rebirth of Comparative Law as an autonomous discipline. From this perspective this volume aims to fill a gap in legal scholarship by structuring an intellectual project of de-familiarization from unified and framed conventions. The main purpose is to unfold the plot that has strategically arranged dissimilar thoughts and ideas into a comforting and undisputed order: the renovation of Comparative Law feeds upon the pliable, fluid and multidimensional nature of the voices that embody it. Therefore, the use of the plural form of the noun ‘method’ in the title is intentional: it synthesizes and vividly recalls the research path followed through the pages of the book. In the same way the structure of the work is conscious and studied: the pattern of organization, the sequence of the chapters, the selection of the essays are designed to focus on the evolving shape of legal comparativism. Taken as a whole, the volume offers, in a comprehensive and pioneering format, an accessible manual from which scholars, students and practitioners can benefit. Having clarified that our primary goal is to explore the new models which appear to have moved to the centre of the scene in legal comparativism, in this Introduction I will briefly outline the contents and arguments developed in...