Book contents
- Reasons and Context in Comparative Law
- Reasons and Context in Comparative Law
- Copyright page
- Contents
- Contributors
- Foreword
- Preface: John Bell
- Acknowledgements
- 1 Introduction
- 2 What Can Law Schools Offer Other Disciplines?
- 3 Examining Vicarious Liability Comparatively
- 4 What’s in a Name?
- 5 ‘An Art Obscured with Difficult Cases’
- 6 Observations on the Reform of the French Law on Contractual Interpretation
- 7 Assessing (Divergent) Legal Development
- 8 Roundabout Law
- 9 A Comparative Reflection on Chilean Economic Torts
- 10 Judicial Identity Crises
- 11 Researching Judicial Cultures in the European Union
- John Bell’s Principal Publications
- Index
8 - Roundabout Law
Published online by Cambridge University Press: 27 April 2023
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Book contents
- Reasons and Context in Comparative Law
- Reasons and Context in Comparative Law
- Copyright page
- Contents
- Contributors
- Foreword
- Preface: John Bell
- Acknowledgements
- 1 Introduction
- 2 What Can Law Schools Offer Other Disciplines?
- 3 Examining Vicarious Liability Comparatively
- 4 What’s in a Name?
- 5 ‘An Art Obscured with Difficult Cases’
- 6 Observations on the Reform of the French Law on Contractual Interpretation
- 7 Assessing (Divergent) Legal Development
- 8 Roundabout Law
- 9 A Comparative Reflection on Chilean Economic Torts
- 10 Judicial Identity Crises
- 11 Researching Judicial Cultures in the European Union
- John Bell’s Principal Publications
- Index
Summary
This chapter argues for a concept of ’roundabout reasoning’ as a useful tool for comparative legal studies for the movement and adaptation of legal objects, in understanding domestic law, and in critiquing legal development. Roundabout reasoning is defined as a process to resolve potential conflict between two or more objects by (a) a simple method of sequencing their consideration; (b) where actors apply it autonomously; and (c) consideration takes place through a neutral third space without reference to their earlier state.
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- Reasons and Context in Comparative LawEssays in Honour of John Bell, pp. 174 - 196Publisher: Cambridge University PressPrint publication year: 2023