Jürgen Basedow Should Different Types of Methodology in Comparative Legal Research Be Combined into One Method?
© Maximilian Dörrbecker
Max Planck Society
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Max Planck Institute for Comparative and International Private Law
The Max Planck Institute for Comparative and International Private Law in Hamburg is dedicated to performing foundational research and promoting the transfer of knowledge in the fields of comparative and international private law and business law. By analysing similarities and differences in the legal regimes of Europe as well as other parts of the world, the Institute studies the interaction of private rule-making, national legal systems, supranational law and interstate treaties. The research performed at the Institute also serves to lay the groundwork for an international understanding of law and to help develop rules and legal instruments with which the application of national law can be better coordinated in cross-border matters. This is an academic mission of considerable significance particularly within a united Europe and against the background of increasing globalisation and a corresponding internationalisation of law. (Source)
Comparative 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.
LT Video Publication DOI: https://doi.org/10.21036/LTPUB10300
Comparative Law and its Clients
- Jürgen Basedow
- American Journal of Comparative Law
- Published in 2014