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Journal articles on the topic 'Comparative Law'

Author: Grafiati

Published: 4 June 2021

Last updated: 26 July 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 he

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2

Péteri, Zoltán. "Teaching of Comparative Law and Comparative Law Teaching." Acta Juridica Hungarica 43, no. 3-4 (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 (2003): 127–46. http://dx.doi.org/10.1093/ojls/23.1.127.

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5

VARGA, Csaba. "Encountering Comparative Law in Hungary." Journal of Comparative Law 16 (2021), no. 1 (2020): 243–64. https://doi.org/10.5281/zenodo.13835667.

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6

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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7

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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8

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

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9

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

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10

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

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11

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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12

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

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13

Anthimos, Apostolos. "Analyse Comparative / Comparative Perspectives." International Journal of Procedural Law 12, no. 2 (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 th

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14

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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15

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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16

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 (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 deve

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17

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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18

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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19

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

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20

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

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21

Perry, Ronen. "Instrumental Comparative Tort Law." Journal of Tort Law 14, no. 2 (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 compar

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22

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

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23

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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24

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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25

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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26

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

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27

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

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28

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

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29

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

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30

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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31

Samuel, Geoffrey. "Comparative Law and Jurisprudence." International and Comparative Law Quarterly 47, no. 4 (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 t

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32

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

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33

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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34

Flejszar, Radosław, Iryna Izarova, and Vigita Vėbraitė. "Analyse Comparative / Comparative Perspectives." International Journal of Procedural Law 9, no. 1 (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 sma

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35

Örücü, Esin. "Comparative Motley: Offerings from a Comparative Lawyer." Critical Analysis of Law 8, no. 2 (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

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36

Brooks, Kim. "Tim Edgar: The Accidental Comparatist." Canadian Tax Journal/Revue fiscale canadienne 68, no. 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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37

Boughey, Janina. "ADMINISTRATIVE LAW: THE NEXT FRONTIER FOR COMPARATIVE LAW." International and Comparative Law Quarterly 62, no. 1 (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 the

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38

Indra, Jaya Rukmana, Roy Tambunan Bintang, Impola Sitohang Bina, and Darwati S.H. M.H Dr. "Comparison of Criminal Law in the Settlement of Criminal Cases Outside the Court Based on English, Netherlands, and Indonesian Laws." International Journal of Social Science and Human Research 08, no. 01 (2025): 238–46. https://doi.org/10.5281/zenodo.14643068.

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Comparative criminal law is an attempt to compare various legal systems, whether between nations, states or religions. The aim is to find differences and similarities between the systems, by providing research-based explanations of how the law functions and how juridical problems are solved in practice. In addition, non-legal factors that may have an influence will also be examined. A deeper understanding of this can only be gained through the study of legal history, so the science of comparative law requires the analysis of legal history. The benefits of comparative law include a better under

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39

Forteau, Mathias. "Comparative International Law Within, Not Against, International Law: Lessons from the International Law Commission." American Journal of International Law 109, no. 3 (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 con

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40

Siems, Mathias. "The Power of Comparative Law: What Types of Units Can Comparative Law Compare?" American Journal of Comparative Law 67, no. 4 (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

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41

Piché, Catherine. "Analyse Comparative / Comparative Perspectives." International Journal of Procedural Law 2, no. 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 i

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42

Berger, Klaus Peter. "Harmonisation of European Contract law the Influence of Comparative law." International and Comparative Law Quarterly 50, no. 4 (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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43

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

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44

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

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45

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

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46

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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47

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

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48

Xia, Zhiyi. "Analyse Comparative / Comparative Perspectives." International Journal of Procedural Law 13, no. 1 (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 incl

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49

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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50

Abiad, Nisrine. "Comparative Law and Natural Law in the UAE Constitutional Adjudication." Global Journal of Comparative Law 13, no. 3 (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 a

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