Paradigms in Modern European Comparative LawAuthor :
Hardback
Published : Thursday 20 May 2021
Description
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 Kuhns 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.
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