Comparative legal method

  • What are the benefits of the comparative method?

    Advantages

    Discovers cause and effect relationships.Poses no ethical issues.Can be studied in the past.It avoids artificiality..

  • What are the reasons for comparative approach?

    The comparative method pursues two goals alternately.
    On the one hand, it seeks to accentuate the distinctive feature of each individual case, and on the other, attempts to derive evidence on general developments from case studies..

[T]he method of comparative law can provide a much richer range of model solutions than a legal science devoted to a single nation, simply because the different systems of the world can offer a greater variety of solutions than could be thought up in a life time by even the most imaginative jurist who was corralled in

Can comparative law be a translator?

Curran writes, ‘Comparative law as translator can be envisaged as cybernetics for the irreducible messiness of legal concepts that are wedded to the language which encases them and to the connotations which adhere to them.’96 Thirdly, culture-specific experiences cannot be generalized as universally valid.

What are the 6 methods of comparative research?

Hoecke, posits six methods for comparative research:

  • ‘the functional method
  • the structural method
  • the analytical method
  • the law-in-context method
  • the historical method and the common-core method’.
    To understand these methods and how you can employ each see Michaels, Karst, Monateri, Leckey, Eberle, and Frohlich.

    • What is a functionalist approach to comparative constitutional law?

    The functionalist approach to comparative constitutional law is similar to the universalist one to the extent that it tries to identify things that happen in every constitutional system that is the object of study….


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