AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
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Authors: ALINA-EMILIA CIORTEA.
DOI: 10.24193/SUBBiur.62(2017).4.9
Published Online: 2017-12-22
Published Print: 2017-12-22
pp. 215-236
VIEW PDF: METODA COMPARATIVĂ – O USTENSILĂ EPISTEMOLOGICĂ …
ABSTRACT:
The comparative method: a necessary epistemological tool in comparative legal studies This essay will consider the aims of comparative law. It will argue that the comparative method is the needed epistemological tool for every legal theoretician who conducts comparative studies. Further on, the article will state a definition that was envisaged by scholars along with the author’s proposed definition. The history of the comparative method will be examined in details, explaining how the steps of comparison work in practice. Afterwards, each element of the comparative method will be developed and it will be further considered what is to be understood by the comparability of the terms to be compared. Also, it will be valuable to look at the relationship between the comparative method and juxtaposition and, in particular, to some of the weaknesses and strengths of both of these terms. By way of conclusion, some observations will be made on how the proposed definition of the comparative method is more appropriate and more comprehensible then the ones that were already phrased by scholars.
Keywords : comparative law, comparative method, juxtaposition, terms to be compared, comparative method’s definition, history of comparative method, tertium comparationis. comparative method’s elements, Romanian Law, French Law, Anglo-American Law, equity.
