Approaches and Methodologies in Comparative Legal Studies: An Abstract Framework as Methodology

Authors

  • Dr. Nasir Majeed Assistant Professor, School of Law, University of Gujrat, Gujrat, Punjab, Pakistan
  • Amjad Hilal Assistant Professor, Department of Law and Shariah, University of Swat, KP, Pakistan

DOI:

https://doi.org/10.47205/plhr.2022(6-III)41

Keywords:

Comparative Law Methodology, Functionalist Approach, Hermeneutical Approach, Legal Research, Structural Approach

Abstract

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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Published

2022-09-30

Details

    Abstract Views: 144
    PDF Downloads: 134

How to Cite

Majeed, N., & Hilal, A. (2022). Approaches and Methodologies in Comparative Legal Studies: An Abstract Framework as Methodology. Pakistan Languages and Humanities Review, 6(3), 474–488. https://doi.org/10.47205/plhr.2022(6-III)41