Approaches and Methodologies in Comparative Legal Studies: An Abstract Framework as Methodology
DOI:
https://doi.org/10.47205/plhr.2022(6-III)41Keywords:
Comparative Law Methodology, Functionalist Approach, Hermeneutical Approach, Legal Research, Structural ApproachAbstract
The objective of the present study is to propose an abstract framework as methodology to carry out comparative legal studies. Legal research is a systematic and complicated activity having various methods and comparative legal studies is one of such methods. The comparative law has gained popularity among legal researchers and it aims at comparing the laws of one jurisdiction or legal family to the laws of another jurisdiction or family. Despite the growing interest in comparative legal studies, its definition, scope, approaches and methodologies are unclear. The present study, by deploying doctrinal research method, intends to fill this gap by discussing the nature, scope, and approaches in comparative law. In addition, the present study, after analyzing various methodologies in comparative law, recommends six-steps methodology for comparative legal studies.
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