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This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.Featuring discussions and reflections from scholars experienced in conducting comparative research, this book considers the ways in which comparative legal research can gain important comparative, qualitative and interpretive insights from the humanities and from the social sciences. Chapters examine contrasting comparative legal versus historical approaches, comparative sociology, comparative religion, comparative (legal) anthropology, comparative philosophy, comparative economics and more. Additionally, the book considers the challenges that lie ahead, not just for comparative legal research, but for comparative disciplines as a whole. Of the many challenges that are identified and discussed, the book concludes that comparative research can especially be further developed when it is also understood as a research design, instead of just a method.Inspiring and progressive, this book will be a crucial reference point for both research students and experienced researchers who are embarking on comparative research within the disciplines of law, humanities and social sciences.
Edited by Maurice Adams, Professor of General Jurisprudence, Tilburg University, the Netherlands and Mark Van Hoecke, Professor of Comparative Law, Queen Mary University of London, UK and School of Law, Ghent University, Belgium
Contents:Preface xiii1 Comparative disciplines: an introduction 1Maurice Adams2 Methods of legal history and comparative law 11Geoffrey Samuel3 Comparative legal history 45Kjell Å Modéer4 Comparative sociology: epistemological issues 62Jean-Pascal Daloz5 Elements of a comparative methodology in the study of religion 75Oliver Freiberger6 Comparative methods in legal anthropology: ‘thick’comparison through (cultural) translation 96Katrin Seidel7 The comparative advantage of cultural anthropology 121Peter van der Veer8 Methods in comparative politics 135Mathew Y.H. Wong9 Comparative philosophy and comparison 149Ralph Weber10 Between comparison and commensuration: the troublewith global social indicators 175David Nelken11 Particularism versus universalism in the history ofcomparative literature 197Angus Nicholls12 Comparing across societies and disciplines 221Mark Van Hoecke13 Conclusion: challenges of comparison 246Maurice Adams and Mark Van HoeckeIndex 264
‘Comparative Methods in Law, Humanities and Social Sciences makes a fresh and innovative addition to the booming literature on comparative research. The collection of chapters combines insights from various disciplines in humanities and social sciences such as law, literature, religion and politics. The editors have done a magnificent job in putting together a splendid group of world-class experts to author the individual chapters. This is a truly ground-breaking work and a must on every comparatist’s bookshelf.’