oa Comparative and International Law Journal of Southern Africa - Some remarks on introductions to foreign legal systems

Volume 9, Issue 3
  • ISSN : 0010-4051



The question is to know which is the most fruitful procedure for the jurist who wishes to familiarize himself with a foreign law: is it preferable for him to use a synthesis - established for his use by the specialists in that field - of fundamental characteristics of the envisaged foreign law; or is it better that he should himself search for these characteristics in the cases, notes and commentaries? The question regarding the method of introductory works for the study of foreign laws therefore appears to us to be but one application of a more general problem: the problem of knowing whether the reasoning of jurists should proceed from principle or from particular instances. The answer to this complex question depends on certain data, i a those enumerated above; consequently it can be of relative value only.

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