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Researcher | Institution | Original publication | Reading recommendations | Beyond | CitationComparative law, an important legal method, is becoming ever more relevant in a globalized world. Different methods exist in comparative legal research despite the effort of the discipline to combine them. Whereas the so-called functionalists only look at the written law, the “law as culture”-approach demands for taking into consideration also the surrounding factors and conditions such as religion, society or economic situation. Another dispute exists between the micro comparative research, which concentrates on single elements and the macro comparative research considering whole legal systems. JÜRGEN BASEDOW has collected long-time experience regarding comparative law and concludes that the one method is unrealistic, yet not even helpful. In this video he explains why it is rather useful to accept the coexistence of different methodologies, which can be applied depending on the examined problem, its background and the goal of its analysis.
DOI:
https://doi.org/10.21036/LTPUB10300
Institution
Max Planck Institute for Comparative and International Private Law
Different countries, different cultures – and usually also a different basis for legal systems. The development of the European single market, the global integration of multinational business and commercial companies as well as the increasing internationalisation of our daily lives require that areas of private and commercial law provide solutions that cannot only be derived from the legal systems of individual countries. Academics at the Max Planck Institute for Comparative and International Private Law in Hamburg apply analysis of the differences and similarities between different legal systems to develop a foundation for an international understanding of law and its application to cross-border circumstances. This also includes addressing the methodological issues of comparative law and unification of law. The central research tool of the Institute is its library, which contains one of the world’s most extensive collections of literature on civil law. ( Source )
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Original publication
Comparative Law and its Clients
American Journal of Comparative Law
Published in 2014
Reading recommendations
General Principles of European Private Law and Interest Analysis: Some Reflections in the Light of Mangold and Audiolux
European Review of Private Law
Published in 2016
Hundert Jahre Rechtsvergleichung - Von wissenschaftlicher Erkenntnisquelle zur obligatorischen Methode der Rechtsanwendung
JuristenZeitung
Published in 2016
The Court of Justice and Private Law: Vacillations, General Principles and the Architecture of the European Judiciary
European Review of Private Law
Published in 2010
Le rattachement à la nationalité et les conflits de nationalité en droit de l'Union européenne
Revue critique de droit international privé
Published in 2010
Multiculturalism, Globalisation and the Law of the Open Society
Revue Hellénique de Droit International
Published in 2009
Federal Choice of Law in Europe and the United States: A Comparative Account of Interstate Conflicts
Tulane Law Review
Published in 2008
The State's Private Law and the Economy: Commercial Law as an Amalgam of Public and Private Rule-Making
American Journal of Comparative Law
Published in 2008
Uniform Private Law Conventions and the Law of Treaties
Uniform Law Review
Published in 2006
Worldwide Harmonisation of Private Law and Regional Economic Integration
Uniform Law Review
Published in 2003
The Communitarization of the Conflict of Laws Under the Treaty of Amsterdam
Common Market Law Review
Published in 2000
Beyond
A Ground-breaking Scientific Revolution
An Alarming Challenge for Society
If I Had a Second Life
A Personal Reading Recommendation