Comparative law
The Comparative law or comparative law ( comparative jurisprudence ) is a branch of law that deals with the comparison of different legal systems.
The oldest recorded comparative study took place in ancient Greece: In his prefectures compared and evaluated Plato the right of Greek poleis.
Haeberle propagates the Law in addition to the four classic methods of interpretation as a fifth. You, however, not part of the established canon.
Definition and classification
Comparative law is to be distinguished as a method of foreign jurisprudence. The international jurisprudence established foreign law and is a prerequisite of a legal settlement, while the Law in further consequence is the comparative analysis of national legal systems and an analysis of the differences and similarities between the jurisdictions.
Similarly, the Law is different from other areas of the law, which also deal with foreign law, delineate. Such areas are private international law, international law, legal history, legal anthropology, and legal sociology.
Areas
- Comparative Constitutional Law
- Comparative Criminal Law
- Comparative Private Law
- Comparative Legal History
- Etc. ( according to areas of law ).
Levels
Can distinguish between comparing macro-and micro-level.
Comparison at the macro level
Comparative law at the macro level or jurisdiction doctrine divides the various national legal systems of the world to come to jurisdictions; they examined on the basis of historical legal developments and relations similarities and stylistic elements of legal systems. Subject of Makrovergleichung are general methods of dealing with the right fabric, the dispute resolution and decision-making procedures and working methods, tasks and functions of the persons working in the legal life ( such as judges, lawyers, Ministerialjuristen, appraisers, surveyors, law teachers, and so on ).
Comparison at the micro level
At the micro level, a functional comparative law is made; so it also questions about the reasons for a particular configuration of the law and its functions are taken into account. Subject of Mikrovergleichung are specific individual problems and their solutions, the individual legal institutions and rules, such as conflicts of interest dissolved in the different jurisdictions. The focus of comparison here are the comparison variables. These are divided ( right as explanandum ) and the explanatory independent variables ( right as explanans ) in the dependent variable to be explained.
Investigated, for example, the data protection solutions from different countries, so would the different data protection rules, the independent variable, while about the different constitutional standards may be used as dependent variables.