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According to the empirical study performed by Van Boom & Van Gestel 61 per cent of the 572 interviewed Dutch legal scholars conducts comparative legal research (van Boom & van Gestel 2015, p. 1344). These numbers would suggest that comparative methodology, including case selection criteria, should hold a prominent place in the comparative literature (if the Dutch survey is representative worldwide). However, ‘the “comparative” aspect of the enterprise, as a method and a project, remains undertheorized and blurry’ (Hirschl 2014, p. 3). One of the most difficult and controversial points of legal comparative methodology is the selection of cases (Hirschl 2005, p. 125; also Palmer 2005, pp. 261-290), but the discussion in the literature also points out the lack of debate about methodology in general (Hirschl 2014; Siems 2014, p. 33). Criteria such as proximity, language and legal tradition (e.g., common law versus civil law, Napoleonic criminal law versus German criminal law) are regularly used to select cases, and with good cause. The first two criteria can be relevant as an ‘exclusionary rule’, because comparing countries without understanding the language, even in the age of Google Translate, or without access to a country, is unworkable. The third criterion is a broad and general selection criterion to categorize countries. However, the three above-mentioned criteria have disadvantages. The first two (practical) criteria are in no way relevant for the working mechanisms of the countries’ law, and can therefore not be used as theoretical (and independent) variables in explaining differences between countries.1 The third criterion is too broad and provides a Euro-centred selection bias. How can one choose between the several countries with a common law tradition and civil law tradition when

Case selection in Comparative Law based on Hofstede’s Cultural Psychology Theory