Rethinking Methods in European Private Law
Only available as Maastricht European Private Law Institute Working Paper 2012/15
It is well known that there is a gap between comparative law theory and the way in which comparative lawyers actually compare. This contribution was written for a book that attempts to bridge the gap between theory and practice in comparative legal studies. It offers a search for the methodological underpinnings of the author’s work in the field of European private law by looking at three research lines: work on uniformity and diversity in law, on how law develops over time and on the changing role of legal institutions in a post-national society.
Jan M. Smits. "Rethinking Methods in European Private Law" Practice and Theory in Comparative Law. Ed. Maurice Adams & Jacco Bomhoff. Cambridge: Cambridge University Press, 2012. 170-185.