Global Justice Reform: A Comparative Methodology. By Hiram E.
Chodosh. New York: New York University Press, 2005. 240p. $45.00.
This book is a greatly needed assessment of the methodologies used to
study and implement justice reform. By asking a range of pointed questions
on judicial reform whose answers have largely been assumed, Hiram E.
Chodosh lays bare basic concepts and debates in order to understand
whether they are truly logical, consistent, and useful. The scrutiny with
which the author subjects the field of comparative law helps make it much
more rigorous, since, as he points out, even an empirically rich
comparative framework will result in poor findings if its methodology is
inconsistent and its objectives unclear. He carefully explains comparative
method, illuminates approaches ranging from cross-national comparisons to
intranational comparisons, and analyzes benefits of comparisons, such as
the creation of continuums. With this comprehensive and insightful
assessment, he criticizes comparative law's failure to adopt a method
for objectively assessing the results and value of a comparison that is
“flexible enough to grasp a wide variety” of processes and
institutions (p. 17). He shows how classifications, prototypes, evaluation
mechanisms, and other building blocks of comparative study are often too
deterministic or unclear, and how the lack of objective criteria leaves
central debates—such as over the wisdom and practicality of
transferring a feature of one country's legal system to
another—unresolved. “Without clarity of purpose,” he
concludes,” it is difficult to determine the content of what to
report” (p. 16).