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Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning
and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the
intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes
towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights
from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences.Comparative Matters makes a unique and welcome contribution to the comparative
study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in
contemporary legal scholarship.
Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning
and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the
intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes
towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights
from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences.Comparative Matters makes a unique and welcome contribution to the comparative
study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in
contemporary legal scholarship.
Introduction: The C Word
1: The View from the Bench: Where the Comparative Judicial
Imagination Travels
2: Early Engagements with the Constitutive Laws of Others: Lessons
from Pre-Modern Religion Law
3: Engaging the Constitutive Laws of Others: Necessities, Ideas,
Interests
4: From Comparative Constitutional Law to Comparative
Constitutional Studies
5: How Universal is Comparative Constitutional Law?
6: Case Selection and Research Design in Comparative Constitutional
Studies
Epilogue: Comparative Constitutional Law: Quo Vadis?
Winner of the 2015 APSA C. Herman Pritchett Award for the best book on law & courts
Ran Hirschl (PhD, Yale) is Professor of Political Science and Law,
and holder of the Canada Research Chair in Constitutionalism,
Democracy and Development at the University of Toronto. He is the
author of three books: 'Towards Juristocracy: The Origins and
Consequences of the New Constitutionalism' (Harvard University
Press, 2004 and 2007), 'Constitutional Theocracy' (Harvard
University Press, 2010) (which won the Mahoney Prize in Legal
Theory), and 'Comparative
Matters' (Oxford University Press, 2014), as well as over 75
articles and book chapters on comparative constitutional law,
constitutional law and religion, and the intellectual history of
comparative
public law. Hirschl is a founding executive committee member of the
International Society of Public Law, an editorial board member of
the Journal of Law & Courts and the International Journal of
Constitutional Law (I-CON), and the co-editor of a book series on
comparative constitutional law and policy published by Cambridge
UP.
He - as elegant in his writings as convincing in his argumentation
- invites the comparative lawyer to proceed methodologically beyond
legal doctrine stricto sensu. Knowing that an age of legal
pluralism requires a diverse and interdisciplinary, rather than
rigorous but disciplinarily limited, methodology, one should follow
this stimulating invitation with an open mind... Hirschls book sets
an inspiring agenda for further research and gives proof that a
roadmap can also be a masterpiece.
*Markus Kotzur, International Journal of Constitutional Law*
A book of dazzling scope and depth. At once a methodological
manifesto and a sweeping intellectual history, Hirschl reminds us
that our contemporary debates about universality and particularity
in law are simply new variations on a very old theme. This is an
instant classic, from which no one will fail to learn something
new.
*Tom Ginsburg, Leo Spitz Professor of International Law, University
of Chicago Law School*
Ran Hirschl solidifies his position at the apex of students of
comparative constitutional law. Both his range and depth of
interests are remarkable. Every page has insights; it would be a
pleasure to assign in courses and seminars, not only for the
discussions it will surely provoke, but also for the plethora of
papers, dissertations, and books it will surely inspire.
*Sanford Levinson, author of Framed: America's 51 Constitutions and
the Crisis of Governance*
Comparative Matters is a sharp reminder that law is too important a
matter to leave in the hands and minds of lawyers. It is also a
sharp reminder that comparative law, properly understood, is, can
be and should be more than, yes, comparative law. It is a window
to, and a tool for, an understanding of the political, the social,
indeed, the human condition itself. Finally it is a gentle reminder
that comparative 'law' would be a very different field absent the
voice of Ran Hirschl.
*J.H.H Weiler, President of the European University Institute*
Comparative Matters truly matters, for if indeed we are now
entering the "era of comparative law," we will need instruction and
guidance in both the sources for, and possible futures of, this
exciting renewal of intellectual exploration. In this wonderful
book Ran Hirschl demonstrates that he is uniquely qualified to fill
this role. By tracing contemporary debates and challenges in
comparative constitutionalism to classical antecedents, he clears
the path for a "renaissance" of methodologically and analytically
diverse scholarly inquiry into the multifarious ways in which
societies might choose to organize themselves constitutionally. In
so doing he exemplifies the very transcendence towards which the
book is devoted; thus the reach of his learning and the catholicity
of his inter-disciplinary applications are precisely what are
required for the successful evolution from comparative
constitutional law to comparative constitutional studies.
*Gary J. Jacobsohn, University of Texas at Austin*
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