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 rely on a large cultural basis (also mentalité ). Continue reading Comparative Law and Culture
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. Continue reading Functionalism in Comparative Law