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 112
- Downloads 0
Medical Malpractice as a Tort in the U.S., as a Crime in Italy: Factors, Causes, Paths and Outcomes
The aim of the paper is, firstly, to try to understand the reasons for the different approaches to medical malpractice in two legal systems taken as models: the U.S., where professional negligence is almost exclusively s...
Legal analysis of article 7 of the convention on the rights of persons with disabilities: children with disabilities
The aim of this article is to carry out an in-depth analysis of Article 7, “Children with disabilities”, of the Convention on the Rights of Persons with Disabilities. First of all it is explained how the Article 7 is the...
The Challenge of the Cultural Diversity in Mexico Through the Official Recognition of Legal Pluralism
This article explains the factual situation of the recognition of Legal Pluralism in Mexico, the way it has been handled out in a formal way and how Diversity has become a challenge in Mexico. Cultural rights are in a pr...
Migration and Vulnerability: Challenges, Implications and Difficulties Faced by the Sahrawi Migrant Population
This article analyses transnational communities through the case study of the Sahrawi migrant community in Spain. After reviewing the most important theoretical contributions on transnational migration and determinin...
The Emerging Human Rights Revolution: The Beginning of the Fifth Historical Process in the Consolidation of Human Rights
Emerging human rights are destined to modify, improve and transform a number of already traditional concepts so as to achieve greater guarantees and protection for the rights of individuals and collectivities. One of the...