Methodology of comparative medical law: basic aspects

Abstract

The modern world is becoming more and more globalized, in connection with which the role of comparative legal studies is only growing. There are also differences between different legal systems and states, even despite their close geographical location or common ties. Such aspects play an even greater role when it comes to legal relations in the field of health care. That is why this study is devoted to the methodology of comparative medical law, as understanding the methodological basis can become the basis for further determining the degree of harmonization of approaches regarding particularly sensitive issues.
 Within the framework of this study, the levels of comparison are defined: macro- and micro-comparison, diachronic and synchronic comparison.
 It is established that the methods of comparative medical law are functional, structural, analytical and historical.
 The functional method is used to understand how the practical problems of solving the conflict of interests can be reflected in different legal systems, since various social problems, in particular, the shortage of donor organs, affect the vast majority of societies. Therefore, each society finds a solution to these problems with the help of laws, which may differ in details (for example, legal procedures).
 The structural method can instead be used to understand the differences between legal standards that may apply to a wide range of issues, such as the establishment and use of biobanks.
 The application of the analytical method allows to understand the distinctive and common features between legal systems regarding similar concepts. The concept of a «patient compensation fund» is recognized by some legal systems, while others are not. However, a more detailed analysis allows us to identify similar or similar structures (for example, it may be about compensation mechanisms with the help of social insurance funds).
 The importance of the historical method in comparative medical law lies in the fact that, thanks to it, it is possible to compare legislative approaches to health insurance at different stages of the development of the legal system. On the other hand, this approach provides an opportunity to compare legal regulation in the field of medical insurance of different legal systems and at different stages of their development.