Comparative jurisprudence pdf

Comparative law would be applicable to private international law when developing an approach to interpretation in a conflicts analysis.
Comparative law may contribute to legal theory by creating categories and concepts of general application.

systems.
As the legal system is comparable under law as jurisprudence, it is possible to take up Ewald's suggestion and think of comparative law as comparative jurisprudence, as "the comparative study of the intellectual conceptions that underlie the principal institutions of one or more foreign legal systems."'126 As such, comparative law indeed .

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In other words, while law as jurisprudence here is offered primarily as a nom- inal conception-one set up for the particular purpose of legitimizing comparative law per se-it does lay claim, albeit incidentally, to also constituting an apt real concep- tion of law, one that "embodies an ontological claim." .

Much ink has been spilled on what is now commonly labelled the "malaise" of comparative law.' This malaise-perhaps the most seri- ous crisis to strike the discipline since its inception2-is not about quantity:

As the legal system is comparable under law as jurisprudence, it is possible to take up Ewald's suggestion and think of comparative law as comparative jurisprudence, as "the comparative study of the intellectual conceptions that underlie the principal institutions of one or more foreign legal systems

Specifically, it argues that law as jurisprudence, the conception of law which underlies Ewald's proposal, unlike naturalist and positivist conceptions of law, entails a conception of the legal system as inherently comparable

The minimal conditions for comparability are simultaneous plurality and unity

718 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol

52 spondingly is "comparative law in minds:" "the comparative study of the intellectual conceptions that underlie the principal institutions of one or more foreign legal systems