ABSTRACT
A comparative legal study embraces a diverse range of scholarship, from detailed positivist descriptions of foreign legal systems, to the use and development of legal and social theory as a tool for comparison and analysis. The author's own research is concerned with the working practices of those involved in the investigation and prosecution of crime in France. Many studies are formal descriptions of institutions, rules and processes, providing a static backdrop – an official picture – but telling us nothing of the daily workings of, and practices within, the legal system. Formalist accounts are reductionist and decontextualized. Ethnocentric research design and interpretation of data are the constant enemies of the comparativist and also lead to false comparisons. The author's research project seeks to understand the role of pre-trial actors in the investigation and prosecution of criminal cases in France. She suggests that the comparativist should retain a broad outlook and not become too easily captivated by ethnocentric categories.
