Article citationsMore>>

Samuel, G. (2011). Does One Need an Understanding of Methodology in Law before One Can Understand Methodology in Comparative Law. In M. Van Hoecke (Ed.), Methodologies of Legal Research: Which Kind of Method Per What Kind of Discipline (p. 182). Oxford: Hart.

has been cited by the following article:

• TITLE: Comparative Methodology and Pluralism in Legal Comparison in a Global Age

  AUTHORS: Roberto Scarciglia

  KEYWORDS: Comparative Methodology, Pluralism, Globalization

  JOURNAL NAME: Beijing Law Review, Vol.6 No.1, March 4, 2015

  ABSTRACT: This article grew to look deeper into the relationship between different methodological tools in comparative law enquiries. There are several factors that currently affect these enquiries, such as the emergence of new spheres of normativity and transnational actors determining a new configuration of the relationship between centre and periphery. Different forms and visions of legal pluralism could characterise a cultural tradition and different ways, in which existing nations, which have a pluralistic legal system, interact. Furthermore, one might add the consideration that the presence of different forms of pluralism—a pluralism of pluralisms—implies a constant and urgent need to reconsider the adequacy of the methodologies in comparative law. Hence, we can use different approaches because there are different purposes that the comparison pursues. Though the horizontal comparison is certainly a widespread tendency for comparative analyses, from a methodological point of view, we need to consider the importance of forms of vertical comparison, both a top-down and bottom-up approach.