Working Papers

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An introduction to comparative law and its rise in an interconnected world
(IE University, 2022-04-07) Alvear Garijo, Cristóbal; https://ror.org/02jjdwm75
The globalisation of the legal profession and the interrelationship of the legal world are among the significant factors behind the rise of comparative law nowadays, although multiple academic discussions remain open about it (Part I). As an academic discipline that analyses legal diversity worldwide to promote legal knowledge, legal advancement and legal harmonisation, comparative law should not be confused with other areas of law such as private international law (Part II). Thus, the object of comparative law is the study of legal phenomena in various legal environments, bearing in mind that national legal systems are unique according to their historical, political and social circumstances but at the same time shaped by shared legal traditions and thus classifiable among legal families (Part III). Although several methodologies have traditionally been observed, including the mainstream functional method, nowadays a combined methodology of different analyses and approaches is preferred to perform comprehensively comparative law (Part IV). Consequently, a holistic definition for comparative law as an academic discipline and as a legal horizon for the new generation of legal professionals is ultimately suggested in this working paper (Part V).