Comparative Law as Method and the Method of Comparative Law

14 Pages Posted: 25 May 2014  

Jaap Hage

Maastricht University - METRO Institute

Date Written: May 23, 2014

Abstract

This article is a late draft of the identically titled second chapter of Maurice Adams and Dirk Heirbaut (eds.), The Method and Culture of Comparative Law. Essays in Honour of Mark Van Hoecke, Hart Publishing, Oxford and Portland, Oregon 2014, 37-52. It addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered:

1. Is comparative law a method, or a set of methods, for legal research?

2. Does comparative law have a proper method of its own?

In answering these two questions, the article develops an account of the nature of a scientific method and the relation between method and methodology.

Keywords: comparative law, methodology, scientific method

Suggested Citation

Hage, Jaap, Comparative Law as Method and the Method of Comparative Law (May 23, 2014). Maastricht European Private Law Institute Working Paper No. 2014/11. Available at SSRN: https://ssrn.com/abstract=2441090 or http://dx.doi.org/10.2139/ssrn.2441090

Jaap Hage (Contact Author)

Maastricht University - METRO Institute ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands

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