Strategies in Comparative Legal Research

12-13 mai 2023

Lukas Heckendorn Urscheler (ISDC) et Oleksiy Kresin (Centre de droit comparé, européen et international, UNIL) 

Inscription: 12 & 13 may 2023: Strategies in Comparative Legal Research 

Full program: https://www.isdc.ch/fr/evenements/prochains-evenements/strategies-in-comparative-legal-research

In the order of their participation: 

Prof. Oleksiy Kresin, CDCEI UNIL 

Prof. Jaakko Husa, University of Helsinki

Prof. Geoffrey Samuel, Kent

Dr. Lukas Heckendorn Urscheler, Swiss Institute of Comparative Law

Prof. William Butler, Dickinson Law Penn State

Prof. Krista Nadakavukaren Schefer, ISDC

Prof. Catherine Valcke, Toronto

Dr. Asya Ostroukh, ISDC

Prof. Leone Niglia, University of Rome Sapienza

12 May 2023

1) Workshop on Interdisciplinarity and comparative law

Comparative law scholarship has for a long time put forward the needs and benefit of interdisciplinarity. A variety of disciplines are particularly prone for interdisciplinary analysis, such as comparative law and legal history, comparative law and linguistics, comparative law and economics, comparative law and sociology as well as comparative law and anthropology or political science. The workshop will first address issues of the interrelation between the disciplines (status and hierarchy, cross-fertilization, correlation, competition, dialogue) and the explore how the methodological tools of other discipline can be used in comparative legal research, but also how comparative legal methodology can be useful in interdisciplinary research.

2) Workshop on Comparative international law

An increasing number of authors are seeing international law as one object of comparative law and are exploring how the comparative method can be used in international law. In international law, these relates to issues of non-universality or fragmentation of international law as well as to positivist and ius-naturalist understandings of international law. Methods of comparative law are also useful for analysing regional systems of international law and explore their mutual complementarity, competition, superimposition, overlapping, collision, correlation. The intersection of international and comparative law is also helpful when dealing with issues such as imperialism and colonialism. An obvious approach to comparative international law relates to the analysis of national and regional doctrines of international law and their interrelation with national legal systems, analysis of religions' influence on international law.

13 May 2023

3) Workshop on Transnationalism in law

The workshop will address methodological challenges when studying transnational norms as well as transnational phenomena. The transnational context makes it necessary to rethink the basic relationships between public and private law, between hard and soft law, as well as between law, society and the State. This is a methodological challenge that can be addressed in various ways: identifying webs of legal frameworks in the contemporary world and the way they work; addressing transnational processes (who controls them, where are collisions) and manifestations (guidelines, principles, concepts, codes, norms, standards); measuring the effectiveness of transnational law. Dealing with transnational law requires the practical art of catching plurality in law.

4) Workshop on Methods of comparative law: theory and practice

The workshop on methods of comparative law will examine how methods are looked at within comparative law theory: is there a system, pluralism, or anarchy? How does the philosophical tradition relate to the question of methods hierarchy, and what are the types of scientific rationality, ways and limits of cognition in comparative law. The workshop will then deal with different approaches, strategies and methods in comparative law, look at what types and limits of context can be integrated in comparative law analysis. It will then deal with questions of presumptions and taxonomy in comparative law. Main approaches in contemporary comparative law will be examined (e.g. normativism, functionalism and culturalism)

https://www.isdc.ch/fr/evenements/prochains-evenements/strategies-in-comparative-legal-research 

12 mai 2023:

14.00-15.30: Workshop 1 - Interdisciplinarity and comparative law

15.30-16.00: Coffee break 

16.00-17.30: Workshop 2 - Comparative international law

13 mai 2023:

9.00-11.00: Workshop 3 - Methods of comparative law: theory and practice 

11.00-11.30: Coffee break 

11.30-13.00: Workshop 4 - Transnationalism in law

Lausanne

17

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