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Journal articles on the topic 'Comparative Law'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 March 2025

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1

Esquirol, Jorge. "Introduction: Comparative Comparative Law." FIU Law Review 18, no. 4 (2024): 683–86. http://dx.doi.org/10.25148/lawrev.18.4.4.

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This introduction illuminates the multifaceted nature of comparative law, transcending its conventional perception as merely a methodological tool. Rather, it emerges as a dynamic arena of political struggle, embodying diverse perspectives and objectives across various discursive exchanges. The volume delves into this complexity through contributions from esteemed scholars exploring topics ranging from granting rights to rivers in Colombia to the constitutional interpretive politics of Italian abortion rights. It underscores how comparative law shapes governance and policy, both reinforcing hegemonic norms and providing avenues for resistance and alternative perspectives. Ultimately, the volume celebrates the rich diversity and interconnectedness within comparative law, offering nuanced insights into its pivotal role in shaping global legal landscapes and public policies.

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2

Péteri, Zoltán. "Teaching of Comparative Law and Comparative Law Teaching." Acta Juridica Hungarica 43, no. 3-4 (December 2002): 243–61. http://dx.doi.org/10.1556/ajur.43.2002.3-4.4.

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3

Widner, Jennifer. "Comparative Politics and Comparative Law." American Journal of Comparative Law 46, no. 4 (1998): 739. http://dx.doi.org/10.2307/840990.

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4

Bradley, D. "Comparative Law, Family Law and Common Law." Oxford Journal of Legal Studies 23, no. 1 (March 1, 2003): 127–46. http://dx.doi.org/10.1093/ojls/23.1.127.

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5

Sawer, Geoffrey, and Durga Das Basu. "Comparative Constitutional Law." American Journal of Comparative Law 34, no. 4 (1986): 805. http://dx.doi.org/10.2307/840334.

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6

Macdonald, Roderick, and Kate Glover. "Implicit comparative law." Revue de droit. Université de Sherbrooke 43, no. 1-2 (2013): 123–92. http://dx.doi.org/10.17118/11143/10194.

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7

Michaels, Ralf. "Transnationalizing Comparative Law." Maastricht Journal of European and Comparative Law 23, no. 2 (April 2016): 352–58. http://dx.doi.org/10.1177/1023263x1602300208.

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8

Spamann, Holger. "Empirical Comparative Law." Annual Review of Law and Social Science 11, no. 1 (November 3, 2015): 131–53. http://dx.doi.org/10.1146/annurev-lawsocsci-110413-030807.

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9

Husa, Jaakko. "Rethinking Comparative Law." Amicus Curiae 3, no. 2 (February 28, 2022): 381–87. http://dx.doi.org/10.14296/ac.v3i2.5419.

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10

Macdonald, Roderick A., and Kate Glover. "IMPLICIT COMPARATIVE LAW." Revue de droit de l'Université de Sherbrooke 43, no. 1-2 (2013): 123. http://dx.doi.org/10.7202/1105874ar.

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11

Nicola, Fernanda. "Family Law Exceptionalism in Comparative Law." American Journal of Comparative Law 58, no. 4 (September 1, 2010): 777–810. http://dx.doi.org/10.5131/ajcl.2010.0002.

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12

Anthimos, Apostolos. "Analyse Comparative / Comparative Perspectives." International Journal of Procedural Law 12, no. 2 (November 4, 2022): 296–313. http://dx.doi.org/10.1163/30504856-01202008.

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The public policy defence in Greece is widely considered as the last resort for the judgment debtor. It is hardly ever the case that an appeal against the judgment granting recognition and/or exequatur omits a reference to the public policy defence. The prospects of success are nevertheless minimal. The purpose of this article is to give a comprehensive view of the Greek case law in the field. This will be examined in two parts. Following a brief introduction (Section I), the first part of the article will elaborate on domestic law and bilateral conventions, featuring the general aspects of the public policy clause, and a case law classification (Section II). Following the same pattern, the second part of the article will explore the field of EU law, focusing on EU Regulations (Section III). Finally, the findings of the court practice in Greece and the future perspectives will be presented (Section IV).

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13

Kane, Gillian. "Comparative international law: enhancing migration law enquiry." International Journal of Migration and Border Studies 7, no. 2 (2022): 1. http://dx.doi.org/10.1504/ijmbs.2022.10051275.

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14

HILL, JONATHAN. "Comparative Law, Law Reform and Legal Theory." Oxford Journal of Legal Studies 9, no. 1 (1989): 101–15. http://dx.doi.org/10.1093/ojls/9.1.101.

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15

Ноздрачев, Александр, Alyeksandr Nozdrachyev, Влада Лукьянова, and Vlada Lukyanova. "SCHOOL OF ADMINISTRATIVE LAW: COMPARATIVE LAW ASPECT." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16121.

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Scientific life at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, which will celebrate its 90th anniversary in 2015, is developing in various ways. Special place is occupied by scientific schools — sustainable community of scientists, developing concepts’ principles and systems, legal regulation mechanisms that ensure consistency and continuity of scientific research results. This article examines the impact of scientific analysis of foreign law and acts of international law on the development of the administrative law science at different development stages of one of the Institute’s oldest scientific schools — the School of Administrative Law. The article demonstrates the possibility of perception of positive scientific results, ideas, views and positions of leading scientists of the School through theory and practice of modern public administration in the process of finding legal solutions for regulation of new phenomena that require streamlining.

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16

Kane, Gillian. "Comparative international law: enhancing migration law enquiry." International Journal of Migration and Border Studies 7, no. 2 (2023): 149. http://dx.doi.org/10.1504/ijmbs.2023.128601.

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17

Kim, Dae-in. "Comparative Law Study on Defense Procurement Law." Justice 195 (April 30, 2023): 35–69. http://dx.doi.org/10.29305/tj.2023.4.195.35.

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18

Kidder, Robert, Peter Rigby, and Peter Sevareid. "Comparative Law: Dispute Settlement." PoLAR: Political and Legal Anthropology Review 16, no. 1 (March 1993): 45–46. http://dx.doi.org/10.1525/pol.1993.16.1.45.

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19

Marique, Yseult. "Mathias Siems, Comparative Law." Edinburgh Law Review 20, no. 1 (January 2016): 109–11. http://dx.doi.org/10.3366/elr.2016.0332.

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20

Perry, Ronen. "Instrumental Comparative Tort Law." Journal of Tort Law 14, no. 2 (October 1, 2021): 493–529. http://dx.doi.org/10.1515/jtl-2021-0033.

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Abstract This article examines the possible uses of comparative tort law in practice and theory. It takes the view that comparative law is always a means, never an end in itself, explains how it can be utilized by judges, legislatures, and legal scholars, and puts forward important caveats and qualifications. Part 2 demonstrates the traditional role of comparative law in interpreting and implementing shared or similar tort doctrines and in providing ideas for domestic tort law gap-filling and reform. It highlights the challenges that such utilization might present. Part 3 maintains that comparative research is the cornerstone of unification endeavors. Starting with coordinated projects, Part 3 argues that unification is in itself an instrument (making comparative law a second-order instrument) and that it cannot be pursued without taking into account some concerns about its desirability and practicability. Part 3 then discusses uncoordinated unification processes, whereby lawmakers in one jurisdiction identify a “global consensus” and decide to join it, and elaborates on the normative and positive components of these strategies. Part 4 acknowledges that comparative analysis usually uncovers trans-jurisdictional diversity and argues that such findings can underlie normative and positive theories of tort law. A comparison can offer a systematic taxonomy of possible legal solutions to a particular problem, enabling scholars to critically evaluate and compare the alternatives from their preferred theoretical perspective. Moreover, any hypothesis about the impact of cultural, economic, political, technological, and other conditions and changes on the law can be substantiated or refuted through comparative analyses that seek out legal differences (or similarities) among systems with different (or similar) underlying backgrounds. Through this analysis, the article aims to reignite and enrich the debate and inspire tort-law makers and scholars to integrate comparative research into their work.

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21

Murray, Peter L. "A Comparative Law Experiment." Indiana International & Comparative Law Review 8, no. 2 (January 2, 1998): 231–60. http://dx.doi.org/10.18060/17811.

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22

Weichen, Wang, and Wang Lujie. "Ethnology and Comparative Law." Legal Traditions of the West and China 1, no. 2 (2021): 150–60. http://dx.doi.org/10.35534/ltwc.0102012.

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23

Harmathy, Attila. "Comparative Law in Hungary." Revue internationale de droit comparé 51, no. 4 (1999): 945–52. http://dx.doi.org/10.3406/ridc.1999.18189.

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24

Grubb, Andrew. "Comparative European Health Law." European Journal of Health Law 2, no. 4 (1995): 291–94. http://dx.doi.org/10.1163/157180995x00302.

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25

Fekete, Balázs. "Book Review: Comparative Law." Maastricht Journal of European and Comparative Law 23, no. 4 (August 2016): 740–44. http://dx.doi.org/10.1177/1023263x1602300411.

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26

Twining, William. "Globalization and Comparative Law." Maastricht Journal of European and Comparative Law 6, no. 3 (September 1999): 217–43. http://dx.doi.org/10.1177/1023263x9900600302.

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27

Hickman, Tom. "Proportionality: Comparative Law Lessons." Judicial Review 12, no. 1 (March 2007): 31–55. http://dx.doi.org/10.1080/10854681.2007.11426507.

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28

Leckey, Robert. "Review of Comparative Law." Social & Legal Studies 26, no. 1 (February 2017): 3–24. http://dx.doi.org/10.1177/0964663916670718.

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29

Butler, W. E. "Justice and Comparative Law." Review of Socialist Law 13, no. 1 (1987): 298. http://dx.doi.org/10.1163/187529887x00140.

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30

Samuel, Geoffrey. "Comparative Law and Jurisprudence." International and Comparative Law Quarterly 47, no. 4 (October 1998): 817–36. http://dx.doi.org/10.1017/s0020589300062540.

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This article will propose that comparative law as a discipline should now consolidate itself as an independent subject with its own internal structure. This is not to say that its teachers and professors should abandon, or at least fully abandon, their “gift of freedom”.1 Nor is it to confuse comparative law with other more specific law subjects which may be taught in a comparative way.2 What this article will propose is that comparative law be envisaged as a subject basically operating at two levels (or consisting of two parts). At one level it consists of the now considerable literature on the subject, including of course the work which envisages the subject in terms of legal families. At another level, however, comparative law should be envisaged as being concerned with the theoretical underpinning of the terms “comparative” and “law”. This part, in other words, would deal with these terms as instruments of knowledge. What is it to have knowledge of “law”? And what contribution does “comparison” make to this epistemo-logical question?

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31

Hoecke, Mark. "Hohfeld and comparative law." International Journal for the Semiotics of Law 9, no. 2 (June 1996): 185–201. http://dx.doi.org/10.1007/bf01105508.

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32

Kei, Chan Ka. "“Contract” in Comparative Law." Beijing Law Review 14, no. 04 (2023): 1660–72. http://dx.doi.org/10.4236/blr.2023.144091.

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33

Boughey, Janina. "ADMINISTRATIVE LAW: THE NEXT FRONTIER FOR COMPARATIVE LAW." International and Comparative Law Quarterly 62, no. 1 (January 2013): 55–95. http://dx.doi.org/10.1017/s0020589312000553.

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AbstractIt is trite to observe that the past three decades have seen an ‘explosion’ in comparative law. Equally well-worn territory is the fact that constitutional law has been a particular beneficiary of the comparative trend, despite the fact that for much of the twentieth century comparative lawyers tended to avoid public law topics. However, one field of law that has been conspicuously absent from the boom in comparison, at least outside of Europe, is administrative law. This article analyses why the use of comparison has been so vastly different between the two areas of public law. It then surveys some recent developments in administrative law and points to a number of aspects of the field that would benefit from the wider use of comparative methods across the world.

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34

Flejszar, Radosław, Iryna Izarova, and Vigita Vėbraitė. "Analyse Comparative / Comparative Perspectives." International Journal of Procedural Law 9, no. 1 (November 4, 2019): 97–117. http://dx.doi.org/10.1163/30504856-00901006.

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The aim of this article is to analyse the reforms of civil procedural law in Lithuania, Poland and Ukraine, which have undergone great changes during recent years. These reforms incorporate many new rules of civil procedure into the codes of these States in order to ensure effective, fair, impartial and timely protection of rights and freedoms before the courts. For Ukraine it is a very important step towards the approximation of Ukrainian law to EU law on the way to its integration into a genuine European Area of Justice. One of the most important reforms, namely the implementation of the small claims procedure, is analysed in depth. This is unusual for East European countries with civil law systems; despite this, the small claims procedure helps ensure access to justice when the regular court fees are higher than the amount of the plaintiff’s claim, as happens in most consumer disputes. Legislative provisions have been developed to fulfil this need. The main conclusions presented herein relate to this concept and its perspectives. Research on legal developments in Ukraine, Poland and Lithuania could help us find the best way to ensure access to justice in small claims in our legal systems.

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35

Örücü, Esin. "Comparative Motley: Offerings from a Comparative Lawyer." Critical Analysis of Law 8, no. 2 (December 8, 2021): 9–26. http://dx.doi.org/10.33137/cal.v8i2.37852.

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Comparison is thinking of one in terms of another (or others), and is one of the most fundamental methods of thought process: juxtapose, contrast, compare, seek for differences in the similar and for similarities in the different. The ultimate aim is to understand in the best possible way. In this contribution, comparative law is depicted as a thread running through a necklace. On the necklace are threaded three essential gems of comparative law: theories of methodology; theories of legal systems; and theories of transfrontier mobility of laws. Depicted in this way, one is obviously looking at comparative law pure and simple, rather than comparative contract law, comparative property law, comparative constitutional law, and so on. Although these three gems are the main ones this contribution concentrates on, there are others. It must be pointed out that naming these as gems, and depicting comparative law as joining them into a necklace, takes one directly into the realm of metaphors, which will also be briefly touched upon. In comparative law discourse, controversies—and there are many—are synchronic, never ending, never totally resolved, ever multiplying. This was the case and is still the case.

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36

Siems, Mathias. "The Power of Comparative Law: What Types of Units Can Comparative Law Compare?" American Journal of Comparative Law 67, no. 4 (December 2019): 861–88. http://dx.doi.org/10.1093/ajcl/avz030.

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Abstract What can comparative law compare? It is relatively uncontroversial that certain topics are included in its scope. For example, there is little doubt that any comparison between legal rules of different countries belongs to the field of comparative law. Beyond this traditional scope, some comparatists include further topics, for example, suggesting that legal systems of the past, subnational laws, and informal forms of dispute resolution can also be possible units of comparative law. But why stop here? As many legal topics involve elements of comparison, it may only be logical to make any comparison in law part of the field of comparative law. However, such a suggestion about the broadening of comparative law also needs to assess whether the methods and concepts of comparative law can be made suitable for non-conventional units. Therefore, this Article will discuss both the possible extensions to the scope of comparative law and the corresponding power of comparative law to deal with these new units of comparison.

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37

Brooks, Kim. "Tim Edgar: The Accidental Comparatist." Canadian Tax Journal/Revue fiscale canadienne 68, no. 1 (April 1, 2020): 125–42. http://dx.doi.org/10.32721/ctj.2020.68.1.sym.brooks.

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This paper focuses on the contributions of Tim Edgar as a major comparative law scholar. It reviews the major debates and theoretical directions in comparative law scholarship and offers a case study of Edgar's contributions in the light of the major debates in comparative law. Edgar's development as a comparatist is traced through three defined phases. His identification of the policy problem to be resolved is highlighted as a major feature of his contribution.

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38

Forteau, Mathias. "Comparative International Law Within, Not Against, International Law: Lessons from the International Law Commission." American Journal of International Law 109, no. 3 (July 2015): 498–513. http://dx.doi.org/10.5305/amerjintelaw.109.3.0498.

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Public international law and comparative law have so far been regarded as largely distinct fields, with little to no overlap between them. The degree of separation between the two disciplines is rendered in particularly stark relief by the absence in practice or scholarship of any real inquiry into the relationship between comparative law on the one hand and customary international law and general principles of international law on the other. Some eminent international lawyers go so far as to claim that it would be both unnecessary and unrealistic to have recourse to comparative law in the context of the identification of customary international law and general principles of law, pointing to the case law of the Permanent Court of International Justice and the International Court of Justice, which, according to them, “show[s] a clear disinclination towards the use of the comparative method.”

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39

Piché, Catherine. "Analyse Comparative / Comparative Perspectives." International Journal of Procedural Law 2, no. 1 (November 1, 2012): 145–66. http://dx.doi.org/10.1163/30504856-00201010.

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Proportionality in private law is subject to changing and contextual interpretations. It is enshrined in procedural laws around the world, implicitly or expressly, as a principle or policy. It has become a fundamental principle of civil procedure around the world. Accordingly, it is critical to law reform discussions here and elsewhere. In this article, proportionality is defined in the context of its historical evolution, and of the ways in which it has been applied in different legal traditions. Specifically, its codification provided in the Canadian province of Quebec is discussed, in its innovative Art. 4.2 of the Quebec Code of Civil Procedure. Th e value of proportionality is considered as a fundamental principle of procedural law, and the relevance and viability of certain reform ideas and perspectives are debated. The article concludes by insisting upon a certain evolution and change in culture of the principle, a broader and more generous interpretation of this principle, and an important revamping of the ethics and professional liability codes.

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40

Pavlichenko, Evgenia, and Mariyana Golynska. "FORMATION OF COMPARATIVE LAW AND COMPARATIVE-LEGAL METHODOLOGY." Law Journal of Donbass 66, no. 1 (2019): 18–24. http://dx.doi.org/10.32366/2523-4269-2019-66-1-18-24.

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The article deals with the theoretical research aimed at studying the development of comparative law and comparative legal methodology, discloses the stages of the development of comparative methods in the framework of scientific legal systems, and establishes key ideas for the development of the modern jurisprudence. In the process of conducting the research, the specifics of the methodology and cognizance of comparative legal trends were established and the distinctive features of the development of the national comparative law were shown. The main issues relating to the existing methodology of comparative jurisprudence were revealed and the ways of solving them were presented. It was shown that further development of legal comparative studies as a relatively independent branch of the legal science would make it possible to have a positive influence on the entire system of jurisprudence, the development of professional knowledge and the skills of lawyers. The recommendations proposed would contribute to the expansion and strengthening of the socially fair society governed by law. It was established that scientists doing comparative studies pay attention to the research of national and international law from the comparative point of view thus enriching the legal science with new knowledge. The necessity of unity between the classical theory of jurisprudence and specific areas of law was proved, which would significantly expand the formation of the new approach to the development of legal comparative studies. It was shown that the need to solve the above problems is justified by the processes of the legal comparative studies. It was noted that the use of the comparative analysis would ensure the interaction of science and practice, the unity of science with the interests of society and the values thereof.

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41

Hirschl, R. "From comparative constitutional law to comparative constitutional studies." International Journal of Constitutional Law 11, no. 1 (January 1, 2013): 1–12. http://dx.doi.org/10.1093/icon/mos057.

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42

Kotzur, M. "Comparative Matters. The Renaissance of Comparative Constitutional Law." International Journal of Constitutional Law 13, no. 3 (July 1, 2015): 766–69. http://dx.doi.org/10.1093/icon/mov047.

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43

Berger, Klaus Peter. "Harmonisation of European Contract law the Influence of Comparative law." International and Comparative Law Quarterly 50, no. 4 (October 2001): 877–900. http://dx.doi.org/10.1093/iclq/50.4.877.

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It is generally acknowledged today that comparative law plays a decisive role in the harmonisation of European private law, in particular of European contract law.1 Dölle has emphasised this strong link between comparative law and European integration as early as 1950 in his report on the refoundation of the German Association of Comparative Law:

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44

Bekhruz, Kh N., and Narhis Mokhd. "COMPARATIVE INTERNATIONAL LAW AND REGIONALIZATION OF INTERNATIONAL LAW." Juridical scientific and electronic journal, no. 6 (2022): 471–74. http://dx.doi.org/10.32782/2524-0374/2022-6/106.

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45

Kistenkas, Frederik H. "COMPARATIVE LIBEL LAW: TOWARDS A CONTINENTAL COMMON LAW?" Tilburg Law Review 7, no. 1 (January 1, 1998): 17–26. http://dx.doi.org/10.1163/221125998x00038.

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46

Xia, Zhiyi. "Analyse Comparative / Comparative Perspectives." International Journal of Procedural Law 13, no. 1 (November 4, 2023): 97–122. http://dx.doi.org/10.1163/30504856-01301006.

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The legislation of civil procedure in China has been deeply influenced by the civil law system represented by Germany. However, China has quite a different attitude towards the application of information technology in civil justice, which is typically reflected in the adoption of remote civil courts. Research from perspectives of history, theory and comparative law can shed light on why China has chosen to proactively embrace judicial technology. Chinese civil justice is still at a very preliminary stage, and it is only able to provide basic-quality judicial justice due to various reasons including: (1) principles of orality and immediacy are not stipulated by legislation; (2) the principle of publicity is characterised with “broadness and arbitrariness”; (3) judicial rituality or formality is not fully valued; (4) courts are facing constant political pressure to provide high-quality judicial services; and (5) courts are facing an overload of cases, a shortage of qualified judges and insufficient public trust. With the adoption of appropriate reforms by drawing on experience of German law and local practice in China, it is expected that Chinese courts will be able to improve the quality of judicial services from a basic to a medium level.

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47

Lokiec, Pascal. "An Insight into Labour Law in Africa." Revue de droit comparé du travail et de la sécurité sociale 4 (2024): 122–27. https://doi.org/10.4000/12z6v.

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Ousmane Sidibé’s book poses a number of major questions for comparative law in general, and French law in particular, enabling us, among other things, to avoid the excesses of comparatism between legal families.

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48

Siems, Mathias. "Identity politics and comparative law." Maastricht Journal of European and Comparative Law 30, no. 6 (December 2023): 719–28. http://dx.doi.org/10.1177/1023263x241252128.

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Identity politics refers to the notion that social and collective identities should be a fundamental focus of politics. Comparative law provides at least two points of connection to identity politics. First, rules in many countries address topics of identity politics, such as gender, race, religion and indigenous cultures. These rules can therefore be compared using the tools of comparative law; yet we still lack work that presents these topics in a cross-cutting and comparative manner. Second, identity politics can be seen as a challenge to comparative law. Notably this is the case for forms of exclusionary identity politics that apply an essentialist position of group identities and may argue against the ability to understand or transplant legal ideas and rules across identity groups. This paper suggests that comparative lawyers should push back against such trends and their negative impact on comparative law.

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49

Abiad, Nisrine. "Comparative Law and Natural Law in the UAE Constitutional Adjudication." Global Journal of Comparative Law 13, no. 3 (November 8, 2024): 351–71. http://dx.doi.org/10.1163/2211906x-13030004.

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Abstract Unlike other comparative jurisdictions that may remain silent on the possibility for supreme courts to use comparative law and natural law, the UAE legislator has allowed the Federal Supreme Court to invoke these two sources in its adjudication since the Court was established in 1973. This paper examines the legal framework that supports this permission, especially in light of Decree-Law Number 33-2022, which brought about a revision affecting it. The paper aims to define the space given to comparative law and natural law vis-à-vis UAE positive law. Furthermore, through an empirical approach, this paper examines the Federal Supreme Court case law to analyse the extent of its recourse to comparative law and/or to natural law in constitutional adjudication.

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50

Belialova, Asiia. "Modern Comparative Law: Traditions, Innovations, Prospects (Review of the XIII International Congress of Comparative Law)." Journal of Foreign Legislation and Comparative Law 20, no. 1 (2024): 69. http://dx.doi.org/10.61205/jzsp.2024.1.5.

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On December 6, 2023, the XIII International Congress of Comparative Law “Modern Comparative Law: Traditions, Innovations, Prospects” was held at the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The dominant theme of the Congress was the Russian tradition of comparative law, the Institute’s contribution to the development of comparative law, current methodological problems, and the impact of digitalization on the subject and content of ongoing research. The Congress was attended by a record number of participants in recent years — more than 700 people. During the plenary session and the round tables, the participants discussed issues of comparative methodology in historical and legal studies, comparative jurisprudence in the system of comparative legal studies, constitutional values in the context of comparative jurisprudence, judicial power in the system of modern statehood, the international legal principle of sovereign equality of states, etc.

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