Comparative Law: A Theoretical Framework

Abstract

THE years since the end of the Second World War have witnessed a dramatic resurgence of interest and activity in comparative law. A cursory reading of the calendars and prospectuses of most universities that offer law degrees in Great Britain and in many other countries reveals that comparative law is now widely recognised as an important part of legal education. Apart from the universities there exist various institutes or organisations devoted mainly or partly to comparative legal research. These universities and organisations sponsor an increasing number of conferences and colloquia, and, between them, publish an impressive list of periodicals which are chiefly concerned with comparative law or which from time to time include articles of particular interest to legal comparatists. Never before has comparative legal study and research attracted the attention and energies of so many eminent lawyers, both from the profession and from the universities. The spate of books and articles on particular comparative topics during the last three decades bears testimony to this development. There is no doubt that the days are over when comparative law represented an academic pastime good only to add a scholarly touch to footnotes in learned articles.1