Advanced Introduction to Comparative Legal Methods

2021 ◽  
Author(s):  
Pier Giuseppe Monateri
Keyword(s):  
Critical Analysis ◽  
Multidisciplinary Approach ◽  
Comparative Law ◽  
Law And Finance ◽  
Legal Studies ◽  
Global Law

Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law.

Inconsistencies in the use of legal culture in comparative legal studies

2018 ◽  
Vol 25 (5) ◽  
pp. 551-564
Author(s):  
Balázs Fekete
Keyword(s):  
Comparative Studies ◽  
Critical Analysis ◽  
Comparative Law ◽  
Legal Culture ◽  
Legal Studies

This paper is devoted to the discussion and critical analysis of the various uses of the term ‘legal culture’ in recent comparative legal studies. It submits that the application of the concept of legal culture has had no consensually shared approach in comparative law; instead, numerous different ways exist. The main approaches of legal culture in comparative studies have been the use of this concept as (i) background, (ii) interactions around law, and (iii) a sum of attitudes towards law. In addition, the use of this term is even more complicated as certain typical inconsistencies may also be identified. Examples show (i) the confusion of different understandings of legal culture found within the same study; and that (ii) the under-theorisation and (iii) over-theorisation of legal culture can both be regarded as such typical inconsistencies. In conclusion, the paper calls attention to a more restricted, self-reflective and critical application of this term as the prerequisite of an efficient scholarly use.

Islamic Law and Society in Southeast Asia

2016 ◽  
pp. 588-608
Author(s):  
Melissa Crouch
Keyword(s):  
Southeast Asia ◽  
Armed Conflict ◽  
Islamic Law ◽  
Comparative Law ◽  
The Philippines ◽  
The State ◽  
Law And Society ◽  
Legal Studies ◽  
Muslim Minorities

This article explores the ways Islam is recognized by the state in Southeast Asia, along with the scholarly debates that have arisen in response to these Islam-state configurations. It begins with an overview of the work of Professor M. B. Hooker, a pioneer of the field of comparative law in Southeast Asia, especially his study of Islamic law. It then considers how scholars have addressed the regulation and institutionalization of Islam in Malaysia, Indonesia, Brunei, and Singapore as well as the tensions and armed conflict between Muslim minorities and the state in Thailand and the Philippines, while largely overlooking Muslim minorities of Myanmar. Finally, it discusses the ongoing challenge of advocating for the importance of the study and contribution of Islamic law in Southeast Asia to the broader field of Islamic legal studies.

Mind/Body Dualism in Medicine: The Case of Chronic Pelvic Pain without Organic Pathology

1998 ◽  
Vol 28 (1) ◽  
pp. 127-151 ◽  
Author(s):  
Victoria M. Grace
Keyword(s):  
Pelvic Pain ◽  
Critical Analysis ◽  
Chronic Pelvic Pain ◽  
Multidisciplinary Approach ◽  
Integrative Model ◽  
Medical Terms ◽  
Change In Practice ◽  
Real Change ◽  
Mind And Body ◽  
Medical Paradigm

Chronic pelvic pain in the absence of organic pathology identifiable in medical terms is considered one of the most perplexing conditions that gynecologists confront. A critical analysis of the medical, psychiatric, and psychological literature on chronic pelvic pain without organic pathology reveals that the dichotomous construct of mind and body underpinning medical research and understanding is a barrier to the successful diagnosis and treatment of this condition, and indeed to the productive engagement of the health professional with the patient. The strict duality of the condition's etiology being understood in either physiological or psychogenic terms has been questioned at times over the last 40 years, but only recently has an “integrative model” been proposed. However, it is argued here that although the development of a multidisciplinary approach is important, only a radical deconstruction of the medical paradigm will truly address the problem and enable a real change in practice.

Melodies on Comparative Law: A Review Essay

2005 ◽  
Vol 74 (1) ◽  
pp. 161-174
Author(s):  
Jaakko Husa
Keyword(s):  
Review Essay ◽  
Legal Pluralism ◽  
Comparative Law ◽  
The Political ◽  
Methodological Pluralism ◽  
Future Prospects ◽  
Legal Studies ◽  
Comprehensive View ◽  
The Future

AbstractThe volume under review contains theoretical reflections on comparative law dealing with diverse topics ranging from the basis of the discipline to globalization, Europeanization and transposition of law. According to the author of the book, comparative law is a subject that can be approached solely as an enigma and the book aims to do this with the help of metaphors taken from the theory of music. This volume expresses a complex understanding of comparative law and shakes off the old images of comparative law as being either a purely academic or a hopelessly non-theoretical practical exercise. The Enigma of Comparative Law is different in orientation both to the scholarship of conventional comparative law and to post-modern/critical comparative law which have argued for extreme all-or-nothing positions. The political nature of comparative law venture is openly acknowledged but it is not seen as overwhelming. Esin Örücu's book also argues for legal pluralism and a comprehensive view of law. The book applauds methodological pluralism. Diversity of methods is seen not as being counterproductive but instead as a virtue that will enhance the future prospects of comparative law in internationalized world. The review essay concludes by arguing for an idea according to which there is no one legitimate tradition of comparative law/comparative legal studies but many.

scholarly journals Ecumenical and ecological mission of Metropolitan Andrei Sheptytsky: service to Christ's Church and people

2020 ◽  
pp. 67-80
Author(s):  
Liudmyla Potravych ◽  
Andrii Vypasniak
Keyword(s):  
Critical Analysis ◽  
Multidisciplinary Approach ◽  
Religious Studies ◽  
Church Of Christ ◽  
Functional Component ◽  
Spiritual Leader ◽  
The World ◽  
Historical Comparative ◽  
The Church ◽  
Theoretical Developments

The aim is to highlight the ecumenical and ecological mission of Metropolitan Andrey Sheptytsky, the head of the UGCC, in the context of spiritual activity as the spiritual leader of the Ukrainian nation, serving God, the Church of Christ and the laity-pastors. The emphasis is on ecumenism and the environmental sphere in order to trace the relevance and development in the dynamics. During the writing of the article, the methodology of scientific objectivity, historicism and critical analysis of the elaborated sources, with methods: structural-functional (component analysis), comparative-historical (comparative), typological, was used. Theoretical developments in the fields of related disciplines are taken into account: religious studies, sociology, ecology, cultural studies, psychology, demography, pedagogy. This defined a multidisciplinary approach that allowed comprehensive and comprehensive coverage of the problem. The study analyzed the ecumenical activity of Metropolitan A. Sheptytsky, which was aimed at uniting all Christian denominations in Ukraine and the world into a single congregation of the Apostolic Church for the joint service of the Lord. Sheptytsky's contribution to the development of environmental affairs on the territory of Eastern Galicia is considered and appreciated, his role in shaping the religious outlook of all strata of the Ukrainian population is highlighted.

The Challenges of Teaching Comparative Law and Socio-Legal Studies at Indonesia's Law Schools

2019 ◽  
Vol 14 (S1) ◽  
pp. S229-S244
Author(s):  
Herlambang P WIRATRAMAN
Keyword(s):  
Social Change ◽  
Research Methods ◽  
Legal System ◽  
Comparative Law ◽  
Law Schools ◽  
Legal Research ◽  
Legal Studies ◽  
Interdisciplinary Approaches ◽  
Source Materials

AbstractThis article addresses the role of legal research methodologies in the development of legal science and the creation of social change in Indonesia. Based on fieldwork conducted at Indonesian law schools between 2014 and 2016, this article reveals that legal research methods taught in Indonesia are starkly divided into normative-juridical and empirical-juridical approaches. Misunderstandings between adherents of these different schools of thought pose significant obstacles to the development of interdisciplinary approaches to law that span or go beyond the divide. Methodological conflicts resulting in the absence of socio-legal approaches in Indonesian law schools, coupled with outdated and limited source materials, limit the study of comparative law in Indonesia to the mere comparison of statutes and rules shorn of socio-political context. They also fail to instill awareness of the importance of considering social – on top of legal – impact in the context of Indonesia's complex and pluralist legal system.

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