Tools, Gaps and False Myths in Comparative Legal Research on Human Rights
Journal Title: The Age of Human Rights Journal - Year 2019, Vol 13, Issue 1
Abstract
In recent years, the comparative perspective has become increasingly used as a methodological approach to human rights research in the scientific literature. This paper is not intended to summarise the virtues and shortcomings that can be attributed to comparative legal research in the specific field of human rights. Rather, its aim is to critically reconsider its interdisciplinary role and, in particular, to reflect on two of the most popular methods in this field of research: legal comparison and the case study method. Firstly, this paper reviews the method in question, including its typologies and grounds for use. Secondly, it outlines the techniques that determine what and how to compare. Finally, a SWOT evaluation of comparative legal research on human rights is provided, identifying its strengths and weaknesses in order to dispel false myths.
Authors and Affiliations
Encarnación La Spina
Keywords
Related Articles
- EP ID EP696322
- DOI 10.17561/tahrj.n13.2
- Views 78
- Downloads 0
The Nation-State Concept in the Crisis of Democracy in Spain
This paper addresses the fundamental reason for the crisis of democracy in Spain, which is closely linked to the most important problem that also faces Europe today. I refer to the consequences of continuing to justify d...
The Crisis of State Sovereignty and Social Rights
The European integration process –which may be interpreted as a federalizing process– faces strong cultural and economic resistances. As a matter of fact, social rights have been understood and performed –within an old t...
Compatibility of Death Penalty with the Purpose of Criminal Punishment in Ethiopia
The main target of this paper will be to discuss the compatibility and the necessity of the death penalty in Ethiopia with respect to Human Rights. It will give particular focus on the Criminal Code of the Federal Democr...
Reasons for the Construction of a Legal Theory of Social Rights as Fundamental Rights
The present research article will relate about the theory of social rights, essentially, it will address the study of some reasons for the construction of a legal theory of social rights as fundamental rights. In this...
Reasonableness in the Concept of Reasonable Accommodation
Reasonable accommodation is one of the pillars upon which the recognition of the rights of people with disabilities rests. It acquires its full meaning when understood in connection with the concept of universal design,...