At the very least, we can be certain that a comparative method occurs but it is not at all certain whether, in turn, a functional method occurs. Therefore methodologically, and as a matter of mere legal pragmatism, a comparative method is used, which guides the subject of comparative law under the principle of functionality.
To regard comparative law as intertwined with legal theory or jurisprudence is one thing, to utilise comparative legal research exclusively to test theories and see it simply as a helping hand to legal theory is another; because in that second sense, comparative law is still not a subject in itself.
Comparative law is a field with a rich history, and one to which scholars from many disciplines have contributed. This four-volume set includes an original introduction by the editors, who trace the major developments in the field, covering both private and public law, as well as legal institutions and methodological debates.
The enterprise of comparative law is familiar yet its conceptual whereabouts remain somewhat obscure. The purpose of this book is to reconstruct extant comparative law scholarship into a systematic account of comparative law as an autonomous academic discipline. The object of that discipline is neither to harmonize world law, nor to.
Comparative law is the study of differences and similarities between the law (legal systems) of different countries. More specifically, it involves the study of the different legal systems (or families) in existence in the world, including the common law, the civil law, socialist law, Canon law, Jew.