Research Approach

The research method underpinning the Ius Commune Casebooks for the Common Law of Europe is characterised by the following distinctive features:

• A case-based and therefore bottom-up approach to the study of the law to uncover common general principles which are already present in the living law, rather than a top-down approach followed by other complementary projects which endeavour to formulate rules and model principles.
• A functional comparative method searching for similarities in dealing with comparable situations under the major legal systems of Europe (in particular English, French and German law); materials from other legal systems will be included when they present an original approach or an evolution when compared to the main legal systems.
• An emphasis on the impact of European law (both EU and ECHR law) as a driving force towards the emergence of a new ius commune.
• A focus on concepts, principles and underlying policy decisions as opposed to mere "rules" (thus seeing the various legal national laws as alternative options rather than stand-alone systems).
• A strategic vision of the role of comparative law as a tool to bring forward the common European legal heritage while respecting cultural diversity.

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