SG on GS: A Review of Samuel, Geoffrey. An Introduction to Comparative Law Theory and Method. Oxford, Hart, 2014. xvii, 226 pp. ISBN 9781849466431

Glanert, Simone (2017) SG on GS: A Review of Samuel, Geoffrey. An Introduction to Comparative Law Theory and Method. Oxford, Hart, 2014. xvii, 226 pp. ISBN 9781849466431. Review of: An Introduction to Comparative Law Theory and Method (Oxford, Hart, 226pp) by Samuel, Geoffrey. Journal of Comparative Law, 12 (2). pp. 539-547. ISSN 1477-0814. (Full text available)

Abstract

Mirroring French specialists in French family law or German experts in the German law of obligations or English authorities on the English law of wills, comparatists have tended to orient their legal research towards rules and the interpretation of rules, whether judicial or doctrinal. Not only are theoretical reflections on the practice of comparative law a recent occurrence, but they continue to be of interest to a relatively small number of comparatists only. Inevitably, crucial issues like the relationship between law and culture or the translatability of law, the extent to which an understanding of another law is possible or the objectivity of legal interpretation therefore remain under-theorized within comparative law. In this regard, Geoffrey Samuel’s book, An Introduction to Comparative Law Theory and Method, contributes timely insights to the necessary theoreticization of comparative law. Although Samuel’s monograph has been ‘designed primarily for postgraduate research students whose work involves comparison between legal systems’ (at vii), it must be welcomed by any comparatist who takes comparative legal research seriously. But such earnest comparatist will want to engage with Samuel’s determinations.

Item Type: Review
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Faculties > Social Sciences > Kent Law School > Centre for European and Comparative Law
Depositing User: Simone Glanert
Date Deposited: 06 Oct 2016 10:20 UTC
Last Modified: 23 Apr 2018 10:42 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/57723 (The current URI for this page, for reference purposes)
  • Depositors only (login required):

Downloads

Downloads per month over past year