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Copyright

Marieke Oderkerk;

Published On

2025-06-05

Page Range

pp. 311–342

Language

  • English

Print Length

32 pages

16. Methods of Comparative Legal Research

How to Set Up and Carry Out a Comparative Legal Research Project

  • Marieke Oderkerk (author)
Chapter of: Uncovering European Private Law: A Student Handbook(pp. 311–342)
Since the 1990s comparative legal research has been one of the important pillars of
the development of European private law. This chapter aims to discuss methods
of comparative legal research that apply in the field of European private law and
beyond. It is written for both beginner and advanced researchers interested in
engaging in comparative legal research, providing guidelines on how to set up
and carry out such a project in a methodologically sound way. It is based on the
assumption that a methodology (in this case the methodology of comparative
law) provides a researcher a clear set of guidelines (steps that need to be taken
in a certain order) to reach a determined goal. This chapter sets out the various
goals and types of comparative legal research and discusses step by step the
methodological issues that have to be dealt with in the subsequent stages within
a comparative research project. With regard to each methodological question
context-related guidelines are provided on how to come to a scientifically sound
and well-justified answer.

Contributors

Marieke Oderkerk

(author)
Professor of Private International Law and Comparative Law at Vrije Universiteit Amsterdam

Prof. Dr. Marieke Oderkerk is Professor of Private International Law and Comparative Law at Vrije Universiteit Amsterdam. Her research covers a wide range of topics including doctrinal notions of private international law (PIL) and international family law. In 1999, she obtained a Ph.D. on a topic related to comparative legal research methodology at the University of Amsterdam. From 1998 until the end of 2000, she was a University Lecturer at the Molengraaff Institute for Private Law of Utrecht University. She then joined the University of Amsterdam as Assistant Professor from October 2000 and as Associate Professor from April 2010 onwards. She was Research Coordinator of the Amsterdam Institute of Private Law between 2005–2008. In January 2009, she joined the Centre for the Study of European Contract Law (now ACT). From July 2019 to 2022, she was program director of the Master Privaatrecht (UvA). On 1 August 2022, she was appointed Full Professor of Private International Law and Comparative Law at the Vrije Universiteit Amsterdam and is part-time Associate Professor at the University of Amsterdam. Furthermore, in 2013 she was installed as Deputy Judge at the Amsterdam Court of Appeal. See https://research.vu.nl/en/persons/mariekeoderkerk