Comparative Law: A Critical Lense
Published in Hart Publishing, 2024
This comprehensive text explores the theory and practice of legal comparisons, focusing on developing a comparative law textbook for engaging students in understanding legal systems. The authors advocate a three-step approach: mainstream methods, critical thinking, and problem-oriented moves. Emphasizing practical examples in various doctrinal fields, the book critiques mainstream approaches, delves into critical turns, and examines the ethical implications of comparing foreign laws. It provides an overview of mainstream methods, including taxonomies and functionalism, and advocates a bricolage approach connecting mainstream and critical methods. The text offers a hands-on toolkit for comparing laws in different doctrinal areas, combining Factualism and Structuralism with practical moves for nuanced and contextual understanding in comparative law.