Paradigms in Modern European Comparative Law: A History

This book uses Thomas Kuhn's philosophy to provide a new vision of the development of European comparative law, challenging and inspiring scholars. 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 but rather spread the idea of methodological plurality.

Format: Hardback
Length: 224 pages
Publication date: 20 May 2021
Publisher: Bloomsbury Publishing PLC

This captivating book delves into the realm of European comparative law, offering a fresh and thought-provoking perspective that will both challenge and inspire scholars in this field. By employing the philosophy of Thomas Kuhn, the author crafts a novel vision of the evolution of European comparative law, one that promises to revolutionize our understanding of this dynamic discipline.

Beginning with the late 19th century and extending to the present day, the book employs a series of insightful ideas from Kuhn's theories on the history of science, including paradigm, paradigm-shift, puzzle-solving research, and incommensurability. Through the empathetic application of these concepts, the book reimagines the modern history of European comparative law, offering a fresh and invigorating perspective.

At the heart of the book's argument lies the recognition of three major paradigms that have shaped the development of modern comparative law. These paradigms are historical and comparative jurisprudence, droit comparé, and post-World War II comparative law. By examining these paradigms in depth, the author sheds light on the complex interplay of ideas, values, and legal systems that have contributed to the evolution of European comparative law.

One of the key insights of the book is that contemporary methodological trends within the field of European comparative law do not signify a paradigm-shift towards a postmodern and culturalist understanding of comparative law. Instead, the author argues that these trends represent a broader embrace of methodological plurality. The book encourages scholars to explore a range of approaches, methodologies, and theories, fostering a rich and diverse understanding of comparative law.

Furthermore, the book emphasizes the importance of interdisciplinary collaboration in the study of European comparative law. By drawing on insights from other fields such as history, sociology, political science, and economics, scholars can gain a more comprehensive understanding of the complex issues that arise in this field. This interdisciplinary approach not only enhances our analytical skills but also contributes to the development of new theories and methodologies that can further advance our understanding of comparative law.

In conclusion, this book is a must-read for anyone interested in the development of European comparative law. By employing the philosophy of Thomas Kuhn and exploring the three major paradigms that have shaped this field, the author offers a fresh and insightful perspective that will inspire scholars to push the boundaries of their research. The book's emphasis on methodological plurality and interdisciplinary collaboration is particularly noteworthy, as it promotes a rich and dynamic understanding of comparative law that can contribute to the advancement of this field.

Weight: 484g
Dimension: 164 x 241 x 21 (mm)
ISBN-13: 9781509946921