THEORETICAL OUTLINES OF COMPARATIVE LAW METHODOLOGY

Ionut Tudor ()
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Ionut Tudor: Alexandru Ioan Cuza University, Faculty of Law, nt_tudor@yahoo.com, Iasi, Romania,

Journal of Public Administration, Finance and Law, 2015, vol. s2, issue Special issue 2, 174-179

Abstract: In the following paper, we will be mapping comparative law as an enterprise directed towards the differences between legal systems. This recent epistemological trend corresponds to similar tendencies in other sciences. Comparative law adapted to a hermeneutic imperative- to interpret legal rules according to the relevance in their proper local context. This requires flexibility in analysis, a propensity to accept various contingencies, even regarding the interpreter�s own legal system. This model might be connected with what in political sciences is called post-foundationalism, an acceptance of principles, but only as a contingency, not like a immutable criterion.

Keywords: comparative law; legal order; post-foundationalism; legal epistemology; tort law; common law (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:aic:jopafl:y:2015:v:s2:p:174-179

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