Historische Vergleichung als Erkenntnismethode. Die vergleichende Beobachtung von Recht und Staat im 18. Jahrhundert

Abstract

The comparison and comparation (also comparatio, comparative studies) present today a general method of cognition for determining similarities and differences in society. Most sciences (law, anatomy, politics, languages, culture etc.) have their own comparative foundations, although these form separate disciplines or methods. Comparative law has been developing as a science since the 19th century. The historical background and discussion about the purpose and benefits of comparison are discussed in this article. They originate mostly in the universalism of the Enlightenment philosophy, the practical approach of which, is based on comparative methodological principles, which it uses for legal development of the state and society. In the 18th century, this mainly involved determination of the “interest” of the state and creation of a systematic codification.