Kluwer Law International Methodology of Law and Methodology of Legal Scholarship: The State of the Art in Europe

The volume results from the endeavour to revive and advance the discussion on legal methodology in Europe. Although the methodology of law and legal scholarship periodically attracts scholarly attention, no major comprehensive comparative research has systematically examined its current state across European continental legal system. To address this gap, the editors of the present volume have brought together eminent experts in legal theory and legal methodology. The analysis not only maps the current state of the art but also contributes to a broader reassessment of what legal methodology means in various national traditions and suggests potential directions for its evolution. To guide the authors, the editors proposed a general framework for the national reports. Each chapter was intended to address three primary questions: firstly, an overview of courses dedicated to methodology at the respective law school, including relevant literature; secondly, an examination of the specific content and distinctions between the domains of methodology of law and legal scholarship methodology; and thirdly, a comprehensive survey of the specific methods employed by legal practitioners and legal scholars, particularly those differing from approaches in other sectors, disciplines or sciences. While authors have done their best to adhere to this structure, the diversity of national practices necessitated some adaptations to local legal context. These variations reflect differences in terminology, analytical depth, and philosophical background. Each chapter, however, provides invaluable insight into national approaches and serves as a starting point for shaping a universal European legal methodology grounded in local traditions.