Abstract

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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