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Zusatztext [An] excellent discussion of the comparatists [Fekete] regards as key in the history of comparative law. Informationen zum Autor Balázs Fekete is Associate Professor at the Eötvös Loránd University Faculty of Law and Senior Research Fellow at the Centre of Social Sciences Institute for Legal Studies, Hungary. Vorwort This book explores the history of modern European comparative law. Zusammenfassung This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field.With the ‘empathic’ use of some ideas from Kuhn’s theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law:- historical and comparative jurisprudence, - droit comparé , and - post-World War II comparative law.It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality. Inhaltsverzeichnis Introduction: Scope and Subject I. The History of Comparative Law and a History of Comparative Law II. The Dominance of Descriptive Linearity III. Comparative Law as a Discipline and the Application of Comparative Methods in Law IV. Ancient or Modern History of Comparative Law Thinking V. Comparative Law and Comparative Constitutional Law VI. A Mezzo Perspective Approach 1. The History of Comparative Law and Kuhn’s Oeuvre I. Studying Science as a Historical Phenomenon: Some Preliminaries A. On the Necessity of an Elaborated Historical Approach B. On the Historical Character of Scientific Development C. Choosing a Proper Starting Point – The Importance of the Definition of Science II. Applying Kuhn’s Legacy to Understand the History of Comparative Legal Studies A. The History of Science and Kuhn’s Paradigm Shift B. The Very First Problem: How to Apply Kuhn’s Findings to Legal Scholarship C. Which Kuhn to Apply for This Study? D. The Novelty of Kuhn’s Work from the Perspective of Legal Scholarship E. Refining the Kuhnian Vocabulary: Science F. Refining the Kuhnian Vocabulary: Parallel Paradigms G. Refining the Kuhnian Vocabulary: Paradigm H. Refining the Kuhnian Vocabulary: Paradigm Shift III. Lessons from Kuhn in the Historiography of Legal Scholarship 2. Historical and Comparative Jurisprudence I. Introduction: The Centuries-long Pre-paradigm Period and the Rise of the First Paradigm II. Prologue: The Modern Precursors and the Pre-Paradigm Period A. Seventeenth- and Eighteenth-century Examples of the Use of Comparative Methods B. Early Nineteenth-century Precursors: End of the Pre-paradigm Period C. The Relevance of the Early-Modern Pre-paradigm Period III. General Background: The Rise of Positivism and the Idea of Evolution IV. Historical and Comparative Jurisprudence – The Emergence of the Paradigm in England A. The Fusion of the Historical and Comparative Methods in Maine’s Ancient Law B. The Development of Historical and Comparative Jurisprudence V. From Ethnologische Jurisprudenz to Vergleichende Rechtswissenschaft – The Birth of a Paradigm in Germany A. The Beginning: Ethnological Perspectives in the Legal Scholarship B. Joseph Kohler’s General Philosophy of Law VI. The First Paradigm of Modern Comparative Law: A Summary 3. The Paradigm of Droit Comparé I. Fin-de-siècle Atmosphere II. A New Wave of Institutionalisation III. The 1900 Paris Congress of Comparative Law IV. The Establishment of the New Paradigm A. Comparative Law as an Autonomous Field of Legal Scholarship B. Comparative Law and Common Legislative Law i. The...
