Comparative law questions

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This essay reflects on Ran Hirschl's book "Comparative Matters." Feeling that historical comparative law methodologies have been found wanting it looks to

Do legal rules apply to 'comparative' questions?

There is, indeed, no group of legal rules which apply to “comparative” questions in the same sense that criminal law applies to questions of crime or family law to questions of family.

I. The Legal World Turns on Comparison

A.
Custom and Reason

II. What Is Comparison?

A.
Functional Equivalence

Introduction

The thirteenth century gave us one of the earliest statements on reasoning in law: The English common law emerged largely from unwritten law and local customs that varied between each county, legislation affirmed mostly what the courts were already doing.3 Previous decisions were not binding, but wise judges used their own recollections of prior ca.

What are the different types of comparative questions?

The Variety of Comparative Questions:

A Typology II.
The Variety of Comparative Questions:A Typology 1.
Classic Comparison:Comparing Problems and Comparing Concepts 1.
Classic Comparison:Comparing Problems and Comparing Concepts 2.
Comparing the Operating Conditions of Law 2.
Comparing the Operating Conditions of Law 3.
Typical Sub-Questions 3.

What is the difference between legal history and Comparative Law?

Legal History Legal history is sometimes described as comparative law in time.
What is more, both fields are often ascribed the same practical importance—to better understand one’s own current law by contrasting it with another system.
Both legal historians and comparative lawyers do, indeed, address law which is foreign to them.

Why is comparative law important?

Comparative law may also provide insights into the question of legal transplants, i.e. the transplanting of law and legal institutions from one system to another.
The notion of legal transplants was coined by Alan Watson, one of the world's renowned legal scholars specializing in comparative law.

What are the different types of comparative questions?

The Variety of Comparative Questions: A Typology II

The Variety of Comparative Questions: A Typology 1

Classic Comparison: Comparing Problems and Comparing Concepts 1

Classic Comparison: Comparing Problems and Comparing Concepts 2

Comparing the Operating Conditions of Law 2

Comparing the Operating Conditions of Law 3

Typical Sub-Questions 3

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