Charting the Domain of Comparative Law
摘要
Comparative law often begins with the identification of similar social problems across diverse legal systems. This raises the question of whether these systems share common features or, conversely, differ in their approaches to addressing such issues. How can these similarities and differences be explained? Contemporary scholars advocate for broader methodologies in comparative legal studies—moving beyond the traditional ‘law as rules’ perspective, which primarily focuses on statutory enactments and judicial decisions while neglecting broader contexts. They recognize that law cannot be fully understood in isolation from its philosophical, historical, social, political, and cultural dimensions. This chapter examines fundamental issues concerning the nature and scope of comparative law as a distinct discipline. It explores various theoretical approaches adopted by contemporary comparatists and investigates the relationship between comparative law and other fields of legal study, elucidating how it contributes to, benefits from, and intersects with them.