Comparative law in the negative: How not to compare now
Comparative law in the negative: How not to compare now
Author(s): Alexandra MercescuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: numerical comparative law; large‐sample studies; quantitative methods; comparative corporate governance scholarship; comparative electoral legislation scholarship.
Summary/Abstract: Fascinated by the powerful rhetoric of numbers, comparative lawyers have always tried to transform their discipline in a quantifying enterprise. Current trends in comparative scholarship confirm this long‐standing inclination. More precisely, what one can refer to as “numerical comparative law”, that is large‐scale or quantitative methods based studies, contributes to the upholding of the timehonoured belief according to which the comparability of laws is a matter of neutral measurement. However, these endeavours can be criticized on a number of grounds that point both to their superficiality and artificiality. In particular, in this paper, comparative corporate governance and electoral legislation scholarship will be looked at in order to prove these claims.
Journal: Revista Română de Drept Comparat
- Issue Year: 2014
- Issue No: 02
- Page Range: 223-247
- Page Count: 25
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