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37 Med. & L. 87 (2018)
Comparative Medical Liability Law: Some Practical Notes on Methodology

handle is hein.journals/mlv37 and id is 93 raw text is: Med Law (2018) 37:1:87-100 Medicine and Law World Association for Medical Law COMPARATIVE MEDICAL LIABILITY LAW: SOME PRACTICAL NOTES ON METHODOLOGY Rui Casciio' Sciences that worry too much about their own methodology are sick sciences Gustav Radbruch, Einfuhrung in die Rechtswissenschaft, 1910 Abstract: This article provides a set of practical guidelines for research in the field of medical liability employing the comparative method, based on a flexible functional approach. Topics worthy of consideration in a comparative study in the specific field of medical liability are highlighted and analysed. It also outlines the challenges of such research in the Asia-Pacific region. Keywords: Comparative Law; Medical Liability; Functional Method; Research Methodology; Asia-Pacific 1. Introduction Comparative law is not yet a mature legal discipline. It is relatively recent and has its contemporary roots in a Congress held under the umbrella of the 1900 Paris World Exhibition. It is a field that receives only modest attention in the undergraduate legal education curricula of most jurisdictions3. It is also seen with distrust, as a science living in a ghetto by many streams of legal thought in many jurisdictions, in particular by post-modernist flavours of jurisprudence'. 1 Rui Cascao, LL.B. (Coimbra), Ph.D. (Tilburg). Senior Legal Advisor, Legal Affairs Bureau, Govermnent of the Macau Special Administrative Region of the People's Republic of China; Principal Researcher (pro-bono), Juridical Institute/Centre for Biomedical Law, University of Coimbra, Portugal. The opinion and views set out in this article are those of the author and do not necessarily reflect the official opinion of the aforementioned affiliations. Email: rui.cascao~gmail.com 2 Zweigert/Ktz (1998). 3 Bitas (2012). 4 Markesinis (2009), Peters/Schwenke (2000). 87

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