Now, that I have established the basics in comparative law methodology, it is time to bring everything together. Therefore, in this post, I will illustrate what steps a comparative law study should follow. Preliminary Step: Determine the Scope Typical questions to ask are: How far shall the comparison go? Shall it encompass all legal systems […]
In comparative law, there seems to be a general consensus that clustering legal systems is more practical – especially for macro-level comparisons. The prevalent method is to group legal systems into legal families. The notion of family has the advantage that the metaphor is expandable, i.e. parent-, sibling-, or cousin-laws. How are Legal Families Defined? Different […]
In general, comparative legal studies can be divided into two main groups: macro-level comparison and micro-level comparison. While the former represents the comparison of two or more legal systems as a whole, the latter describes the analysis of a specific legal issue and how it is treated in two or more legal systems. Thus, if […]
Comparative law and economics applies – as the name already suggests – principles from the area of law and economics to issues of comparative law. It is a relatively recent method that was developed by economists camp and not by comparative lawyers.
This post gives a quick overview of comparative law and culture. An in-depth discussion of legal pluralism will be part of a later post. The comparative legal cultures movement can be seen as the antidote to functionalism in comparative law. It’s underlying premise is that legal systems are not merely comprised of positive rules, but […]
When looking for comparative law methodology, one will inevitably come across functionalism. This method has been adopted from the social sciences in the first half of the 20th century. Today, it is probably still the most prevalent method used in comparative law studies.
As I am slowly but steadily getting reacquainted with comparative law and it’s methodology, I start to realize what an area of great divergence it is. (Something I was not aware of while being more deeply immersed in it before I took my break from law.) In fact, there are quite a few seemingly contrary […]