oa Comparative and International Law Journal of Southern Africa - Major theoretical problems of modern comparative legal methodology (2); the comparability of positive legal phenomena
|Article Title||Major theoretical problems of modern comparative legal methodology (2); the comparability of positive legal phenomena|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Centre for Human Rights Studies, University of the Orange Free State|
|Publication Date||Nov 1995|
|Pages||407 - 421|
|Keyword(s)||Comparative legal methodology, Judicial functionality, Legal anthropology, Positive legal phenomena, Social functionality, Sociological functionalism, Structural-empirical theory and Tertium comparationis|
This article is the second in a trilogy dealing with methodological problems of modern comparative law. In this article the bases and conditions for the comparability of positive legal phenomena as one of the major general theoretical problems of modern comparative legal methodology are discussed. As in the discussion of the other two theoretical problems, it will be indicated that the current issue reflects the theoretical assumptions and points of departure surrounding the employment of the comparative method by modem exponents of the various schools in comparative law.
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