Current Trends in Comparative Law: A Symposium of the Younger Comparativist Committee of the American Society of Comparative Law (original) (raw)
Classics in Comparative Law : An Introduction
Legal scholars often criticize comparative law for being an overreaching discipline, lacking a coherent methodology and a well-defined domain. Nevertheless, there remains something exciting and potentially enlightening about comparative law. In these 3 volumes, we present a selection of 77 articles and essays that in our view illustrates the importance of comparative legal analysis. We survey, in a necessarily selective and incomplete way, the modern era of comparative law, beginning in the late 19th century. In this introduction, we summarize many of the themes in the collection, with special attention to three enduring questions in the field: how do law and legal systems develop? How do we understand variation? And why should we care?
Universitätsverlag Göttingen eBooks, 2019
If any one open his ditches to water his crop, but is careless, and the water flood the field of his neighbor, then he shall pay his neighbor corn for his loss", Pereira (2011) 12. 5 The so-called Lex Adeo, Dig. 41.1.7 pr. seqq., excerpted from Gaius' Second Book of Everyday Matters, or Golden Knowledge. Additional rules were established by land surveyors such as Frontinus, Agennius Urbicus, Hyginus and Siculus Flaccus, cf. Castillo Pascual (2012/2013).
Revista Ultracontinental de Literatura Jurı́dica, 2022
Modern comparative law emerged in the late nineteenth century primarily as a response to problems caused by the fragmentation of national laws in Europe. Its principal goal was to restore a measure of legal unity and lay the foundations of a science of law that would have the universal character of a genuine science. This paper examines the role of legal comparatism in early modern European legal thought and practice with the view to tracing some key ideas that contributed to the rise of the contemporary comparative law discourse. First, attention is given to the development of the comparative approach to law in the Renaissance and Enlightenment eras-a period marked by the emergence of scientific rationalism and the rise of the modern nation-state and national legal systems. The paper then discusses the contribution of nineteenth century thinkers who endeavoured to explain legal phenomena on a historical-comparative plane and, in this way, paved the way for the recognition of comparative law as a special branch of legal science.
A Brief History of Legal Comparison: A Lesson from the Ancient to Post-Modern Times
This essay offers a reconstruction of the historical evolution of legal comparison from the ancient to post-modern times. In particular, the author wishes to focus on the most important legal scholars and their contribution to the creation and development of comparative law and its methodology. Comparison of rules or constitutions has ancient origins and every age has left a legacy. For this reason, the Author has divided this essay into nine periods: the Ancient World, the Middle Ages, the Renaissance, the Seventeenth and Eighteenth Centuries, the Nineteenth Century, from the Congress in Paris, 1900, to the first half of the Twentieth Century; the second half of the Twentieth Century. To claim legal comparison as the result of its history is also to acknowledge that most of the today's scholars have learned the lesson of the ancients masters of legal comparison.