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Biography
MA, LLB, PhD (Cantab) Dr (Maastricht) Dr (honoris causa) (Nancy 2) Professor of Law. Joined Kent Law School in 1997 after having been Reader in Law at Lancaster University. Visiting professor: University of Dijon (1980 & 1981) Universities of Paris I and Paris II (Professeur associé) (1994-95) University of Paris II (1996, 1999-2000, 2000-2001, 2005) University of Zaragoza (1997) University of Paris I (since 2000) Sciences-Po (Paris) (since 2007) University of Nancy (since 1990) University of Lille (2001) University of Bordeaux (since 2003) University of Littoral (since 2004) University of Fribourg (since 2004) University of Auckland (2007, 2009) University of Corsica (Since 2009) University of Aix-en-Provence (since 2011) Co-Director Kent Centre for European and Comparative Law..
Research Areas: European and Comparative Law
Research
Geoffrey's research interests include
- Law of Obligations (English, Roman and French)
- Comparative law
- Legal Remedies
- Legal Theory
- Legal Epistemology
Major research projects
- Epistemology and methodology in law
- Legal reasoning
- Comparative law of obligations
- Comparative law theory
- Law and its relationship with the social sciences
Also view these in the Kent Academic Repository
Books
Samuel, Geoffrey (2010)
Law of Obligations.
Edward Elgar, 360 pp. ISBN 9781848447646.
Abstract
This comprehensive book presents the English law of contract and tort in the context of a European law of obligations. "Law of Obligations" gives an overview of contract and tort as well as an introduction to the law of obligations in the civil (or continental) law tradition. The book is considered an extensive introduction to the western law of obligations, but with an emphasis on English law. Arising out of the analysis of the two legal traditions, Geoffrey Samuel raises questions about the appropriateness of importing the obligations category into the common law. He also highlights what has been termed the 'harmonisation debate'; ought the law of obligations to be harmonised at a European - or even international, level? The debate raises some fundamental issues not just about legal traditions and about the law of obligations itself, but also about comparative law theory and methodology. Designed with English law students and jurists in mind, this book will be an invaluable tool for researching contract, tort and the law of obligations. The book is an original contribution not only to European private law but equally to comparative legal studies.
Samuel, Geoffrey (2008)
Tort: Cases and Materials, 2nd Edition.
Sweet and Maxwell, London, 482 pp. ISBN 9781847034489.
Abstract
Offers a concise and focused way to ensure students gain an understanding of the most important areas of tort. This text explains the importance of extracts, showing how materials might be used in a problem-solving context. It also draws upon the growing European influences that the judges themselves are finding of importance in difficult cases.
Samuel, Geoffrey and Legrand, Pierre (2008)
Introduction au Common Law.
Reperes no 514. Editions La Decouverte, 119 pp. ISBN 9782707152275.
Articles
Samuel, Geoffrey (2009)
Interdisciplinarity and the Authority Paradigm: Should Law Be Taken Seriously by Scientists and Social Scientists?
Journal of Law and Society, 36. pp. 432-459. ISSN 0263-323X.
Samuel, Geoffrey (2009)
Can Legal Reasoning be Demystified?
Legal Studies. pp. 181-210.
Abstract
The purpose of this paper is to examine a new work on legal reasoning by two American jurists whose aim is to demystify it. The paper will not dispute the authors' central thesis that the existence of special forms of reasoning in law is false, but it will argue that a social science epistemologist would find their analysis at best inadequate. It will be argued that legal reasoning is not just reasoning from and about rules; it is also reasoning about facts and about the construction of factual situations. Consequently, it is vital for anyone wishing to have a serious understanding of how lawyers reason to have a familiarity with how social scientists, and indeed natural scientists, reason about fact. Such reasoning certainly involves induction, deduction and analogy but these methods are by no means adequate as an epistemological framework; schemes of intelligibility and paradigm orientations are equally important. If there is one paradigm orientation that is special to certain disciplines like theology and law, it is the authority paradigm, an orientation that must be distinguished from an inquiry paradigm. The problem with works by legal philosophers on legal reasoning is, it will be implied, that they are often conducted from within the authority paradigm and that this, in the end, prevents any demystification.
Samuel, Geoffrey (2008)
Is Law Really a Social Science? A View from Comparative Law.
Cambridge Law Journal, 67 (2). pp. 288-321. ISSN 0008-1973.
Abstract
The question to be pursued in this article has the merit of simplicity even if the response to it proves somewhat complex. The question is this: is law truly a social science? This may seem an odd question to many in the common law world since it is not uncommon, at least in England, for law schools to find themselves located in faculties of social science. Moreover there are a number of individuals, perhaps a considerable number in common law departments and faculties throughout the world, whose research and scholarship undoubtedly qualifies as social science research. So, before one can even begin to reflect upon the question to be pursued in this paper, a preliminary question must first be asked. Why should one wish even to pose the question?
Book Sections
Samuel, Geoffrey (2011)
Does One Need an Understanding of Methodology in Law Before One Can Understand Methodology in Comparative Law?
In: Van Hoecke, M. Methodologies of Legal Research. Hart Publishing, pp. 177-208.
Samuel, Geoffrey (2011)
La collégialité et les juridictions anglaises.
In: Hourquebie, F. Principe de collégialité et cultures judiciaires. Bruylant, pp. 179-197.
Samuel, Geoffrey (2009)
Vers un droit privé européen: un regard anglais quelques difficultés épistémologiques.
In: Moore, B. and Guadreault-DesBiens, J-F and Mackaay, E. et al. Convergence, concurrence et harmonisation des systèmes juridiques : Les journées Maximilien-Caron 2008. Thémis, Montreal, pp. 137-152.
Samuel, Geoffrey (2009)
Form, Structure and Content in Comparative Law: Assessing the Links.
In: Cashin-Ritaine, E. Legal Engineering and Comparative Law. Schulthess, pp. 27-50.
Samuel, Geoffrey (2009)
Western Law of Obligations.
In: Bussani, M. and Werro, F. European Private Law: a Handbook. Stampfli Publishers Ltd et al, pp. 129-159. ISBN 978-3-86653-121-5.
Samuel, Geoffrey (2009)
Depasser le fonctionnalisme.
In: Legrand, Pierre Comparer les droits, resolument. Presses Universitaires de France, pp. 405-430. ISBN 9782130555643.
Samuel, Geoffrey (2008)
Quelques observations sur la convergence actuelle des méthodes de raisonnement et des styles législatifs.
In: Robin-Olivier, S. and Fasquelle, D. Les échanges entre les droits, lexpérience communautaire. Bruylant, Brussels. ISBN 9782802725411.
Undergraduate
- Course convenor European Legal Systems (LW552)
Postgraduate
- LLM course convenor in European Contract Law (LW836)
- European Comparative Law (LW807)
- Comparative Obligations (LW821)
Supervision
- Postgraduate research supervision