Paradigms in modern European comparative law : a history / Balázs Fekete.
Material type: TextSeries: European academy of legal theory monograph series | European academy of legal theory monograph seriesPublisher: Oxford, UK ; New York, NY : Hart Publishing, an imprint of Bloomsbury Publishing, 2021Description: 1 online resourceContent type:- text
- computer
- online resource
- 9781509946952
- 340/.2094 23
- KJC147 .F45 2021
Includes bibliographical references and index.
Introduction : scope and subject -- The history of comparative law and Kuhn's oeuvre -- Historical and comparative jurisprudence -- The paradigm of Droit Comparé -- The third paradigm -- Post-World War II comparative law -- New trends in contemporary comparative law : towards a paradigm shift? -- Concluding thoughts.
"This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science - paradigm, paradigm-shift, puzzle-solving research and incommensurability - the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality"-- Provided by publisher.
Previously issued in print: Hart Publishing, 2021.
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