JICL

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VOLUME
2:2
December 2015
326-559
  • Something Old, Something New in Comparative Law

    Esin Örücü
Abstract

After considering the historical development of comparative law, this paper will discuss what classical comparative law provided for
an understanding: the old. It will then look into multi-disciplinary approaches that have crossed the horizon of modern day
comparative law looking at dynamic systems, orders, normativities, hybridities and contexts: the new.In this context, the paper will consider the extension of methodology in these postmodern developments: deep-level comparative research, critical comparative research, socio-legal methodology, global comparative law and fi nally numerical analysis. Considering also implicit comparative
law, the question will be: where do we go from here?

Keywords
historical development of comparative law; functional equivalence;context; legal culture; deep-level comparison; critical comparative research; socio-legal methodology; numerical comparative law

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Introduction

This paper will fi rst review the historical development of comparative law, then discuss the blunt tools for understanding which, until recently, classical comparative law provided — the old. It will move to look into multi-disciplinary approaches that have crossed the horizon of modern day comparative law in order to deal with the new task of looking at dynamic systems, orders, normative positions, hybrid models and wider contexts — the new. Here the paper will consider the extension of methodology in these postmodern developments: deep-level comparative research,critical comparative research, socio-legal methodology, global comparative law and fi nally numerical comparative law analysis. Considering also implicit comparative law, the question will be: where do we go from here and how is the new comparatist to be trained for this job?