General editors' preface

Bussani, Mauro; Mattei, Ugo; Sacco, Rudolfo; Schlesinger, Rudolf B.

doi:10.1017/cbo9781316145487.001

Cited by 2 publications

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“…In legal studies, a well-known method is legal comparison (Ancel 1971, Gorlé et al 1991, Bussani and Mattei 2012. It is used to elaborate on the differences and similarities of legal systems in various countries.…”

Section: Methodsmentioning

confidence: 99%

Distributional effects of flood risk management—a cross-country comparison of preflood compensation

Doorn-Hoekveld¹,

Goytia²,

Suykens³

et al. 2016

E&S

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ABSTRACT. We seek to examine the manner in which either the EU member states of France, the Netherlands, Poland, and Sweden or parts of them, such as the country of England in the UK or the Flemish Region in Belgium, deal with the distributional effects of the flood risk management strategies prevention, defense, and mitigation. Measures carried out in each of these strategies can cause preflood harm, as in the devaluation of property or loss of income. However, different member states and authorities address this harm in different ways. A descriptive overview of the different compensation regimes in the field of flood risk management is followed by an analysis of these differences and an explanation of what may cause them, such as the geographical differences that lead to differences in the way that they interfere with private rights and the dominant legal principles that underlie compensation regimes. An elaborated compensation regime could lead to more equitable and legitimate flood risk management because the burdens are fairly spread and all interests-including those of injured parties-are considered in the decision-making process. Our aim is to stimulate the hardly existent discussion on the financial harm that is caused by measures to prevent floods (preflood), in addition to the already existing discussion on the ex post flood distributional effects.

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Section: Methodsmentioning

confidence: 99%

Distributional effects of flood risk management—a cross-country comparison of preflood compensation

Doorn-Hoekveld¹,

Goytia²,

Suykens³

et al. 2016

E&S

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“…Some scholars have advocated the study of ‘law in action’ (Palmer, 2005, p. 264; Reimann, 2002, p. 679); others the study of ‘legal culture’ (Cotterrell, 2006; Nelken, 2007, p. 29). It has been argued that comparative lawyers should study different ‘legal traditions’ (Glenn, 2000; 2006; Menski, 2006; Bussani and Mattei, 2012), ‘legal pluralism’ (Reimann, 2002; Cotterrell, 2006) and ‘globalisation’ (Twining, 2001; 2007), as well as transnational laws. Calls for expansion in the scope of inquiry have been accompanied by calls to ‘open out’ the field to other disciplinary approaches (Nelken, 2007, pp.…”

Section: Comparative Law and Socio-legal Researchmentioning

confidence: 99%

Introduction: exploring the comparative in socio-legal studies

Creutzfeldt¹,

Kubal²,

Pirie³

2016

International Journal of Law in Context

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Among the diverse approaches to comparison in socio-legal studies those that employ qualitative research, richness of detail, and attention to context are the focus of this special issue. The Introduction draws on comparative law and social science literature to argue that comparison amongst studies of laws in contexts can follow different trajectories: the comparison may start from an assumption of similarity-in form, purposes, or context-in order to identify significant differences; or it may identify significant similarity across social and cultural divides. What unites many of the projects of comparison undertaken by qualitative empirical researchers is that the points of relevant comparison are identified within the complexity of the empirical studies at hand; and they are allowed to emerge, or change, as the researcher comes to understand the facts and issues more deeply.

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General editors' preface

Cited by 2 publications

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Distributional effects of flood risk management—a cross-country comparison of preflood compensation

Distributional effects of flood risk management—a cross-country comparison of preflood compensation

Introduction: exploring the comparative in socio-legal studies

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General editors' preface

Cited by 2 publications

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Distributional effects of flood risk management&#8212;a cross-country comparison of preflood compensation

Distributional effects of flood risk management&#8212;a cross-country comparison of preflood compensation

Introduction: exploring the comparative in socio-legal studies

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Distributional effects of flood risk management—a cross-country comparison of preflood compensation

Distributional effects of flood risk management—a cross-country comparison of preflood compensation