Copyright

Marieke Oderkerk;

Published On

2025-06-05

Page Range

pp. 311–342

Language

  • English

Print Length

32 pages

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