Methods of Comparative Corporate Governance
Research Handbook on Comparative Corporate Governance (Afra Afsharipour & Martin Gelter eds., Edward Elgar Publishing, Forthcoming)
19 Pages Posted: 22 Jan 2020 Last revised: 20 Aug 2020
Date Written: January 16, 2020
Methodology has not received sufficient attention in the field of comparative law, and this shortcoming is perhaps even more significant in the specific field of comparative corporate governance, where the general comparative legal literature that does exist on the subject tends to be ignored. While there is assuredly no single, optimal comparative method, it remains critically important for scholars to evaluate whether the approach undertaken is fit for purpose – that is, whether the comparative method adopted is in fact capable of illuminating the subject of inquiry.
This chapter highlights some significant methodological choices and challenges encountered in comparative corporate governance. Part II describes differing comparative postures that one might adopt, emphasizing similarity or difference, respectively – an important threshold consideration, in so far as one often finds what one sets out to find, without recognizing the degree to which such predispositions might cloud the analysis and preclude a fuller account. Part III examines how the law and economics movement, in particular, has affected comparative analysis of corporate governance, critiquing its (implicit) methodology and assessing its impacts. Part IV, then, discusses various choices in research design, emphasizing how the alternatives are impacted by the foregoing dynamics. Part V briefly concludes, calling for methodological self-awareness and candid acknowledgment of the limits of what various comparative approaches to corporate governance can deliver.
Keywords: corporate law, corporate governance, comparative law, comparative methodology, functionalism, contextualism, law and economics
JEL Classification: K22
Suggested Citation: Suggested Citation