The Comparative Method in Legal Research: The Art of Justifying Choices

Abstract

Comparative law is a thriving area in the study of the law which has attracted, in the last decades, a growing interest in legal scholarship and legal education. The expanding literature published in quality specialised outlets as well as a steadfast number of research events organised by universities, research institutes and other numerous organisations all attest the phenomenon. It is difficult to find an academic law curriculum which does not comprise a course in comparative law in some form, whether as an introductory course in the first years of study, or as a more substantial course at a later stage. A comparative perspective may also be embedded, in a more or less systematic way, in the study of the different subjects of law (i.e. contract law, commercial law, constitutional law, family law, procedural law…). Comparative legal studies are also increasingly being pursued at doctoral level. In a sense, ‘we are all comparatists now’, or bound to be.

Keywords: Comparative law, comparatists, legal scholarship, Legal education